Although criminal intent is required to prove mail fraud, it is possible to avoid conviction by participating unknowingly in fraudulent schemes. A large number of people are not aware of some important facts and could have misinterpreted them in order to cover their trail. It's possible the defendant was unaware of these facts , or was mistakenly convinced that the false representation was accurate. A conviction for mail-fraud does not just entail criminal fines but also a sentence of federal prison for up to 30 years.
One of the primary questions you'll have to think about is: What are the elements of wire or mail fraud and how can you spot the difference? While mail fraud is a type of fraud carried out through the postal system, wire fraud involves theft using wires. The past was when "wires" were primarily phones, however today wires encompass all modern communication methods, such as the internet. That means that if you have received an email that requests for sensitive information, then you are at risk of being accused of this kind of crime.
Mail fraud is a type of fraud that has elements that are like wire fraud. Both require the use of interstate communication or electronic communications. The penalty for committing these kinds of fraud is the same : prison for up to 20 years and a large fine. A conviction for fraud committed by a financial institution is much more serious.
For a person to be eligible for a postage or wire fraud conviction, you have to do at minimum one of the following: using the United States Postal Service, a private interstate carrier, or an interstate wire transmission. These methods are the most common kinds of wire and mail fraud as there are many examples of each. If you are charged with one of these offenses make sure you are prepared to defend yourself by putting up the most effective defense.
A defendant's attempt to obtain an advantage through an untrue statement is not likely to be a mail fraud conviction in the absence of being "material," or containing important information. Jurors may not be able to discern the materiality requirement due to its thinness that it's nearly impossible to recognize. One common instance is that of financial misrepresentation, which is common during commercial negotiations. The law does not define materiality. Often, it involves assertions that may be "inexact," but may be false or true in other situations.
Alongside using mail from the U.S. mail to commit mail fraud, the prosecution must show that the defendant was intent to defraud the victim by making false claims. In accordance with the Eleventh Circuit pattern jury instruction the statement has to be fraudulent if it's truthful and the defendant had a motive to be deceiving. The statement must also be made using "reckless disregard for the truth". If the claim is falsehood or hides some factual information the statement is still significant.
Materiality is a key element in a conviction of mail fraud. This is because the federal court requires that the defendant had an intent to commit fraud in order to defraud a recipient of their property. Direct evidenceor indifference can prove materiality. It is possible to be guilty of mail fraud even if the scheme failed. A defendant could be found guilty of fraud through mail on the basis of fraudulent claims made about a particular product or service even though they were not directly involved in.