The penalties for mail fraud in New York are very serious and are based on specific circumstances. The penalties for mail fraud in New York can include prison sentences that last for months or even years. It could also involve penalties for fines and the possibility of restitution. The state and federal prosecutors treat these cases very seriously. It is important to prepare a solid defense. If you are charged with mail fraud in New York, you should immediately consult an New York criminal defense attorney to learn more about your rights.
Mail fraud in New York involves a fraudulent scheme or a misrepresentation. There must be evidence of an organized plan or active participant. It is necessary to be able to access real estate or a bank account to be charged with mail fraud. You could also be required to surrender luxury items or bank accounts. The confiscated items are usually auctioned for a portion of the value. An experienced mail fraud attorney can help minimize the penalty.
The intention of a defendant to commit mail fraud has to be precise and not simply "willful." Intentionally plan to defraud another individual, come up with a plan to achieve this goal and use mail services in order to execute their fraud plan. Mail fraud cases typically are those where someone deliberately defrauds a company or a person of something worthless. Even if the defendant's intent is "willful," the person has to have been able to fool the individual or company using a reasonable amount of common sense.
If there isn't enough evidence to back theft or other offenses federal prosecutors frequently charge individuals with fraud by wire or mail. Federal laws also apply to fraud in the mail and could cause penalties of up to $1,000,000. Federal mail fraud laws are applicable to any person who utilizes the United States postal and telephone system to send money or make purchases. Any transaction that crosses state boundaries could be considered to be mail fraud.
While criminal intent is required for proof of mail fraud it's possible to avoid conviction by not knowing that you participated in fraud schemes. A majority of people don't have a grasp of the details and could have misinterpreted them to cover their actions. It is possible that the person who was accused of the crime did not realize these facts , or was mistakenly convinced that the false representation was accurate. Mail fraud convictions can be punishable by fines as as federal prison sentences for up to 30 year.
One of the primary questions that you will want to think about is what are the components of mail or wire fraud, and how do you spot the difference? Although mail fraud is committed through the postal service Wire fraud is a form of theft using wires. Wires in the past were only used to cover telephones. These days, wires be used to cover all forms of communication, such as the internet. So, if you have received an email asking to provide sensitive information, you are at risk of being charged with this kind of crime.
Fraud in the mail has elements that are very like wire fraud. Both require interstate communication or electronic communications. Criminal penalties for the committing of the frauds is the same : imprisonment up to 20 years and a substantial fine. But, a conviction for fraud at a financial institution is more serious.