Any criminal activity that involved the United States mail or electronic/digital communications, or both, is considered Mail or Wire Fraud. Many acts that fall under this definition actually use mail, television, radio, or the internet in order to transmit false or fraudulent promises or advertisements to the unsuspecting public. The Federal Government deals very harshly with this violation, being able to fine the violator up to $1,000,000 and send that person to prison for up to 30 years.
It is important to note that a victim does not need to actually be deprived of property or deceived for a conviction under the mail fraud or wire fraud statutes. The intent to deprive a victim of property is enough to convict. It also generally does not matter if the property in question is tangible or intangible. It can be enough to convict someone who intends to deprive a victim of their intangible right to control their assets. Each separate use of wire communication or the mail in furtherance of a scheme generally constitutes a separate offense.
If you viewed the records of all people in prison for drug conspiracies, major fraud, corruption and other non-violent felonies, a surprising number would be convicted of nothing more than wire fraud or mail fraud.
In white collar crime investigations, it's not uncommon for conspiracy charges to be introduced in order to widen the scope of an investigation. Once conspiracy charges are levied against the accused, the hearsay rules that protect a defendant against unsubstantiated claims outside of court, are suspended. This is often used to extract plea bargains from suspects in order to charge others in a crime. With hearsay rules suspended, those who had little - if any - knowledge of mail or wire fraud can find themselves targeted as a prime suspect.
In addition, state and federal authorities commonly seize or freeze the assets of someone indicted on charges of mail or wire fraud. Since a criminal forfeiture is a civil proceeding separate from the accused's criminal trial, the outcome of the one does not effect the other. However, initiating a criminal forfeiture can make if difficult for the accused to provide for his or her defense.
A criminal defense attorney has many options in defending a mail fraud or wire fraud charge. First, the government must be able to prove every element of the crime beyond a reasonable doubt- otherwise there can be no conviction. The government will generally use circumstantial evidence to show a jury that the defendant knew of the fraud, and often the best way to counter such evidence is to introduce evidence of good faith: demonstrating to a jury that a defendant honestly believed that his or her actions were legitimate and sound.
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