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Being Charged for Mail Wire Fraud
Mail fraud and wire fraud are two separate types of federal statues which involve similar conduct. Mail fraud arises where an individual makes false representations using the United States mail system or any mail carrier in order to obtain an economic advantage. Basically, any type of activity which utilizes the mail as part of its inner workings is subject to mail fraud. Wire fraud occurs where the telephone is utilized in order to gain an economic advantage through fraudulent activity. Frequently, mail fraud and wire fraud laws are used where letters, emails, text messages or telephone calls were utilized in an effort to defraud others as part of a criminal scheme.
Sentencing Penalties for Mail Fraud and Wire Fraud
The penalties for mail wire fraud vary. Where federal banking institutions or federal securities are not involved in the mail fraud or wire fraud charges, every single violation can result in five years imprisonment in addition to a $250,000.00 fine. However, if federal banking institutions and federal securities are involved, there can be substantially increased penalties which vary depending upon the federal judge’s discretion, the particular facts of the case and the sentencing guidelines, which are very complex.
Mail Fraud and Wire Fraud Crime Charges
Mail fraud and wire fraud are crimes which are usually charged against a person along with other crimes. Frequently, in addition to a plethora of assorted charges, mail fraud and wire fraud charges were filed against Bernie Madoff based upon his Ponzi Scheme, as his crimes hinged on the use of the mail and telephone in order to defraud investors. Ultimately, mail wire fraud crimes usually constitute “white collar crimes” and include but are not limited to the following crimes:
• money laundering
• embezzlement
• extortion
• racketeering
• fraud
• antitrust
• health care fraud
• Email Interception
Help from a Lawyer for Mail and Wire Fraud Charges
If you are accused of mail fraud or wire fraud, or as an accessory to fraud, it is crucial to consult with an experienced mail fraud and wire fraud attorney. This attorney can best advise you as to your legal options and explain to you the consequences of your actions in the future. For example, the attorney will likely advise that you will need to review your communications to gather evidence to demonstrate that you were not attempting to defraud any other persons. In addition, everything discussed with the attorney is protected by the attorney-client privilege, so you will be able to obtain advice as to how to proceed and minimize further legal problems.
