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Our team: - Has handled thousands of criminal cases with more than 200 criminal jury trials. FEDERAL WIRE FRAUD DEFENSE ATTORNEY IN FORT LAUDERDALE. § 371 - is also a stand-alone crime itself. As defined by federal law, mail and wire fraud is a broad offense that can encompass a variety of schemes. A criminal lawyer may be able to challenge the subject matter jurisdiction, arguing that the case does not belong in federal court in moving to dismiss the indictment or to grant a judgment of acquittal. Even though a victim did not suffer a financial loss, the victim has been deprived of the public services the defendant held a duty to provide. The person who originated the scam may receive numerous payments while people at the bottom of the pyramid never receive anything. Like conspiracy, federal prosecutors often use both mail and wire fraud as a catch-all charge, because they have broad applications that are easier to prove than many more serious federal crimes. Postal Inspection Service — which is the law enforcement branch of the U. Plan or scheme to defraud or to obtain money, personal or real property by fraud. If the prosecution is able to prove these three elements of wire fraud, a conviction is likely for the defendant. It has the potential of resulting in substantial fines or worse – landing you in jail for years.
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Federal Wire Fraud Defense Attorneys Reviews
The Art of Concentration. If you're facing federal wire fraud charges, we know how to protect your rights and provide you with a personalized and aggressive defense. However, if the fraud scheme involved money or benefits related to a nationwide major emergency, then a conviction will result in federal imprisonment for up to 30 years and a maximum fine of $1 million. This means that a reasonable person or the specific recipient would give weight to your misrepresentation to induce them to send money or take other action. Some examples of common mail fraud schemes include: - Fraudulent solicitations - These schemes present fraudulent terms or promises to people to solicit money from them. §1344), access device theft (18 U. Fighting Against Allegations of Mail Fraud in Federal Criminal Court. Because federal mail fraud penalties are often quite serious, you need the right defense team on your side. Chicago's Best Mail Fraud & Wire Fraud Defense Attorney. Wire fraud can be defined by using any devices such as cell phones or computers across state lines to attempt to defraud someone. Public officials and others in positions of trust have a duty to provide ethical services, and wire fraud can occur if the individual entrusted with the duty uses interstate communications devices to violate their duty. The severity of an offender's penalties is largely dependent on the amount of loss caused by the fraudulent scheme. Additionally, a federal judge may also impose restitution to those persons or entities that have been defrauded. In order to get convicted of wire fraud, the prosecution must prove that: - you intentionally or voluntarily created or participated in a fraud scheme, - you had the intention to commit fraud, - it was reasonably foreseeable that you will use interstate wire communications to commit or further the fraud scheme, and.
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Among the best attorneys in the DC area. From telemarketing fraud and phishing to catfishing and the Nigerian prince scam, wire fraud is a serious federal crime that is punishable by a lengthy federal prison sentence, fines worth tens of thousands of dollars or more, and a permanent criminal record that can lead to the loss of certain rights, such as gun and voting rights. One can be convicted under these statutes even when the underlying scheme has not been completed. However, courts have recognized that you cannot be guilt of wire fraud if you can prove that you truly believed the statements that later turned out to be false. Contact us at (323) 633-3423 or via the secure contact form on this page. Fraud can also involve making a fraudulent, false, or fictitious statement or representation. Federal Mail Fraud Cases. With experienced lawyers on your side, though, there are many strategies that can be used to reduce the charges against you or even have them dropped altogether. If you or a loved one face federal wire fraud charges, it is essential have a skilled criminal defense attorney by your side. The act of attempting to take the money by fraudulent means is sufficient for a prosecutor to obtain a conviction for wire fraud.
Federal Wire Fraud Law
Of course, not all misstatements are material. Any type of fraudulent scheme that uses the mail can be charged. People have been known to employ all sorts of schemes to commit fraud. It was foreseeable that you used wire communications. They will only give your case minimum care, and they will not fight tooth and nail to help you win the case. An example of this would be a public official who has a duty to perform certain services being contacted through phone or email or another interstate communication device to violate those duties.
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These are just a few of the most common wire fraud defenses that your attorney could present to you. The Law Offices of Jerod Gunsberg has extensive experience in defending wire fraud cases at any stage of proceedings. In most cases, this is a federal offense, with stiff penalties, including large fines and prison terms of up to 20 years per count. An experienced defense lawyer might argue that the communication was unrelated to the underlying scheme. Federal Mail Fraud Defense Lawyers.
Federal Wire Fraud Defense Attorney Blog
A specific sentence will depend on the complexity and type of fraud crime, along with any financial harm that resulted. The alleged prince asks the victim to provide bank account information so he can deposit the money temporarily, and the victim will be paid a fee for his trouble. A Variety Of Schemes Can Be Prosecuted As Mail And Wire Fraud. In other words, did the defendant intend to commit fraud and if so, were any of his or her actions material to the committing of fraud. §1344), healthcare fraud (18 U. Thus, one cannot be convicted for accidentally committing wire or mail fraud. Given the harsh consequences of a conviction and the relative complexity of these cases, it is imperative that a defendant facing mail or wire fraud allegations be represented by a skilled federal crimes attorney in New York with a track record for successfully defending against these charges. While many people think using the mail to commit a crime should not constitute a serious issue, mail fraud convictions can come with severe penalties in addition to any other criminal charges you may face. Defending Against a Wire Fraud Charge. If the fraud involves financial institutions or a presidentially declared emergency or major disaster, for instance, then the maximum sentence may increase to up to 30 years' imprisonment. If you were wrongly accused of committing a crime in the state of New York, then you want to get a lawyer that is going to fight for your rights.
Best Wire Fraud Attorney
For example, a person may send letters in the mail asking for donations for a fraudulent charity. Frequently, restitution may exceed any fines imposed by the Court. The lawyers at the Law Offices of Jeffrey Lichtman could work diligently on your case and help you build a defense. You will be more than satisfied. In this situation, the use of interstate mail in the making of the misrepresentation brings the crime under the umbrella of federal jurisdiction. He appears in state and federal courts in Massachusetts on a daily basis, and he has extensive experience in federal mail and wire fraud defense. Apart from the above mentioned legal penalties, a federal conviction for wire fraud will also significantly affect an individual's educational and career opportunities. These people are highly trained agents who know how to get you to incriminate yourself. Up to 20 years' incarceration in federal prison.
When you are accused of engaging in this type of activity as either an individual or as a member of a business entity, it is vital to seek representation from an experienced NYC wire fraud attorney as soon as possible to start building your defense. Mail or otherwise sending one privately. Paperwork in these cases can easily reach thousands to hundreds of thousands of pages of documentation. This involves written or electronically transmitted statements, promises, false representations, deceptions, or any other falsehood. A wire fraud defense attorney knows how these federal prosecutors work. For example, cases involving alleged violations of the mail and wire fraud statutes are all too often prosecuted in federal court even though the content of the mail or wire communication has a tenuous, collateral or non-existent relationship to the scheme.
When people send back the order form with the payment, they either receive something worth much less than they expected, a defective item, or nothing at all. If you are being investigated or have been charged with bank fraud, you do not want to speak to anyone about these allegations until you have met with an experienced criminal defense lawyer. Wire fraud cases can be incredibly complex, and sometimes includes tens or even hundreds of thousands of pages worth of evidence. In addition, a mail and wire fraud conviction could result in significant personal and professional consequences, including making it extremely difficult to get a job and the loss of any professional licenses you may hold. Always take mail fraud seriously, along with any federal criminal allegations. If the fraud affects a financial institution, then the crimes are punishable by imprisonment for up to 30 years. If you face mail fraud charges or any other type of federal criminal charge, hire an aggressive federal defense lawyer to work on your case. To secure a conviction for wire fraud, a prosecutor must prove that a defendant participated in or created a scheme to defraud someone and did so with communications involving interstate wires — including phone calls, e-mails, faxes, the internet, television or radio. Any penalty for such an offense will depend on the details, such as the nature of the underlying fraud scheme, the amount of money involved and your involvement as an individual. Mail Fraud Penalties and Defenses. This federal crime carries with it potentially serious consequences.
Despite the facial simplicity of the statutes, legal issues in mail and wire fraud cases have become muddled, leaving room for creative defense arguments, as a result of the inconsistent and ill-defined parameters of the Fraud and Wire Fraud Defense. If there is a fraud scheme that you use any sort of electronic communication device, you can be charged with wire fraud. Like wire fraud, mail fraud is an offense that often accompanies other charges involved in a fraudulent scheme. For example, when a fraud scheme involves federal disaster relief funds or if the victim is a financial institution, the prison sentence can be as high as 30 years per offense. "Robert Jenkins is truly one of the best!! In other words, the prosecutor must prove there was intent to defraud someone of personal property of value. If you're accused of mail fraud or wire fraud, it's critical that you work with an experienced criminal defense attorney. Getting representation as soon as possible following any Wire Fraud-related charge is the best way to promote a positive result from a subsequent trial.
The prosecutor must first show that there was intent to commit fraud. Money or property as the object of such a scheme. Contact us at 713-234-1416 or toll-free at 713-234-1416.
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