You must ask yourself the following questions: What elements make up mail fraud and wire fraud? And how can you distinguish between the two? Mail fraud is the fraudulent activities that are committed using the postal service. On the other hand, wire fraud makes use of wires, instead of mail. The past was when "wires" were primarily phones, however today it covers all the latest communication methods, such as the internet. So, if you've received an email that requests for information that is sensitive, you could be at risk of being accused of this kind of crime.
The elements of mail-fraud are the same as those in wire fraud. Both involve the use of electronic or interstate communications. These types of fraud could result in a sentence that is like the criminal sentence: a maximum 20-year prison sentence and a significant fine. A conviction for fraud committed by a financial institution is more severe.
For a person to be eligible for a postage or wire fraud conviction, you have to be guilty of at least one of the following: the use of the United States Postal Service, an interstate private carrier or an interstate wire transmission. These methods are the most well-known kinds of wire and mail fraud, and there are numerous instances of each. If you're accused of one of these offenses Be prepared to defend yourself by putting up the most effective defense.
A defendant's attempts to gain an advantage by making the false assertion will not be considered a fraud conviction as long as it is "material," or containing significant information. The materiality requirement is thin, and might not be discernible by jurors. An example is often an economic misrepresentation that occurs in commercial transactions. However the law isn't clear exactly what constitutes materiality. It may refer to statements which are not precise, but can be true or false based on the specific circumstances.
The prosecution must prove that the defendant intended to defraud the victim through giving false information and also employing U.S. postal mail to commit mail fraud. In accordance with the Eleventh Circuit pattern jury instruction the statement has to be false if it's not authentic and the defendant was attempting to defraud. The statement must also be done with "reckless disregard of the truth". If the statement is falsehood or hides some factual information the statement is still significant.
A crucial element in an indictment for mail fraud is its materiality. The federal court will require that the defendant has a fraud motive that entices the beneficiary of their property. Evidence that is direct or in lack of awareness can be used to prove the materiality. Even if the plan failed there is still a possibility to be guilty of mailfraud. Mail fraud can be committed by any person, even if they're not directly involved in the scheme.
In a case of mail fraud, the main question you need to ask is "How can mail fraud be demonstrated in the court?" The prosecution is not required to show that the defendant in fact mailed the item, but rather that he caused it. The government is not required to prove that the defendant was aware that they were sending the item. If the defendant offered an agreement to a friend, for example, the defendant was in violation of his obligation to offer honest services.