Fraudulent mail is a serious crime in New York. The consequences will vary based on circumstances. Mail fraud penalties in New York can range from months to decades of prison and may involve penalties such as fines and restitution. Federal and state prosecutors take these cases seriously. This is why you need to prepare an effective defense. To know more about your rights and rights, you should contact an New York criminal defense lawyer immediately if you're arrested on suspicion of mail fraud.
Mail fraud in New York is a scheme to deceive or lie about. The evidence must show an organized plan or active participant. You must be able to access real property or have a bank account in order to be accused of mail fraud. You may also be ordered to surrender luxury items or bank accounts. The confiscated items are usually auctioned at a fraction of their value. An experienced attorney for mail fraud can help minimize penalties.
A defendant's intent to commit fraud through the mail must be explicit and not be mere "willful." The defendant must plan in advance to defraud a person, have a specific plan to achieve their goal and make use of the postal service to carry out their fraud. Generallyspeaking, cases of mail fraud include a person who deliberately defrauded someone or a company of something of importance. If the intent of the defendant is "willful," the person should have been able convince the company or individual using some reasonable common and common sense.
If there's no evidence to justify the theft or any other crime, federal prosecutors will often accuse individuals of fraud with wires and mail. Federal laws also protect fraud with mail that can be punished with imprisonment or fines up to as high as $1,000,000. Federal laws governing mail fraud apply to anyone who uses the United States mail and telephone to make purchases or to transfer money. The definition of mail fraud includes everything that crosses state boundaries.
Criminal intent is required for proving that a defendant has committed mail fraud, unwitting participation in an illegal scheme could result in the possibility of a conviction. A majority of people don't have a grasp of the factsand may have misinterpreted them in order to cover their trails. It's possible that defendant was unaware of these facts or incorrectly believed that the lie was correct. A conviction for mail fraud will not only entail fines for criminals but could also put someone in federal prison for as long as 30 years.
One of the first questions you'll need to think about is What are the main elements of wire fraud or mail, and how do you tell the difference? Fraud in the mail is a crime committed by the postal service. On the other hand, wire fraud is based on wires instead of mail. In the past "wires" were primarily telephones. Today wires encompass all modern communication methods, such as the internet. If you get an email asking you for private information, you could be charged with this crime.
The elements that constitute mail fraud are similar to those of wire fraud. Both involve electronic or interstate communications. The penalty for committing these kinds of fraud is the same : prison for up to 20 years as well as a significant fine. However, a conviction for financial institution fraud is more serious.