In order to be eligible for a mail or wire fraud conviction, you must commit at least one of the following: using the United States Postal Service, a private interstate carrier, or an interstate wire transmission. These are the most well-known kinds of wire fraud as well as mail fraud. There are many instances. If you're accused of one of these offenses make sure you are prepared to defend yourself by putting up an effective defense.
A defendant's attempt to obtain an advantage through a false statement will not be considered a conviction for mail fraud unless it's "material," or containing valuable details. Jurors may not be able to identify the requirement of materiality due to its thinness that it is almost impossible to recognize. An example of this is the fraud in the economic field, which can be found during commercial negotiations. But it is a bit unclear exactly what constitutes a materiality. It can refer to statements that aren't exact, but can be true or false based on the context.
The prosecution must establish that the defendant was intent to defraud the victim by using false statements and also employing U.S. postal mail to commit mail fraud. The Eleventh Circuit pattern jury instruction outlines that the statement must be false in the event that the defendant "had any reason to believe" it was not a true statement and was designed to defraud the victim. Moreover, the statement must be "made without regard to the truth." It is also possible to make a statement that conceals or lies half-truths.
A crucial element in the conviction of mail fraud is the degree of materiality. The federal court demands that the defendant be guilty of a fraudulent intention to defraud the recipient of their property. Direct evidenceor disregard, can establish the significance. Even if the plan failed in the end, it's still possible to be guilty of mailfraud. Mail fraud is a crime that can be committed by any defendant, even if they are not directly associated with the scheme.
The most important question to be asked in a mail-fraud case is "How is mail fraud proven in the court?" The prosecution doesn't need to prove that the defendant actually shipped the item. It only needs to show that he was responsible for the mail fraud. The government doesn't have to establish that the defendant knew he was sending the item. For instance, if the defendant was to give a contract to a friend it would be a violation of his duty to render honest services.
Mail fraud is often combined with corruption. John Wiley Price's case of bribery is an illustration. Federal prosecutors like to include accusations of fraud involving mail in financial fraud cases. The most popular law and order crime show generally have a bribery theme and mail fraud, however, they aren't as well-known. The goal of the court is to establish that the defendant intended to defraud his clients.
Mail fraud cases require malicious intent to be demonstrated in court. A minor mistake or accident could be deemed good faith. A case of mail fraud will be filed by the prosecution within a specific time frame. Prosecutors must prove that the defendant intended to defraud. For banks, it can take five years, whereas for mail fraud it will take ten years. The prosecution must demonstrate that the defendant had the intention of defrauding, and that the mail or other interstate means were employed to accomplish this.