Miami Mail, Wire & Bank Fraud Attorney
Mail, wire and bank fraud are often used by federal prosecutors because so little evidence is necessary for the government to obtain an indictment and a conviction on those charges. Contact our Miami mail, wire and bank fraud attorneys for more information. The statutes are very broad and encompass all sorts of acts.
Mail fraud is essentially any scheme to defraud or for obtaining money or property by fraudulent means, with the intent to do so, and the mailings or private carrier (such as FedEx or UPS) must be used in furtherance of the fraudulent scheme.
A fraudulent scheme is any scheme or artifice to defraud or to obtain money or property by means of false or fraudulent pretenses, representations or promises. A reason that federal prosecutors charge mail fraud so often is that the mailing may be incident to an essential part of the scheme, but, nevertheless, is a crime by itself.
Wire fraud is a “catch all” federal crime that federal prosecutors often charge. The definition and penalties of wire fraud are charged under Title 18 United States Code Section 1343. The essence of the crime of wire fraud is a scheme to defraud that involves transmittal in interstate or foreign commerce.
Very often, federal prosecutors charge mail fraud under Title 18 Section 341 of the United States Code even when the alleged criminal conduct is covered by another specific federal criminal statute, as part of the United States Code, where federal crimes are listed and defined.
The penalty for mail fraud can be severe. The maximum imprisonment upon conviction is 20 years’ imprisonment, along with a hefty fine. Of course, twenty-year sentences are rarely given because the federal sentencing guidelines typically recommend shorter sentences, depending on the facts of the case and the amount of loss involved. When the mail fraud harms a financial institution or when the fraud relates to “a presidentially declared major disaster or emergency,” the potential penalty is increased to imprisonment of up to thirty years.
Mail, wire and bank frauds are very serious matters. It doesn’t matter whether you are a businessman or woman, a banker or a bank employee, or a professional – anyone is subject to being charged with mail or wire fraud. You may not even realize that something you did triggered a federal criminal investigation. You may have conducted business with someone, whom you may not even recall, who is under investigation, and that association may well have triggered a criminal investigation of you or your business. Even if you are absolutely convinced that you have not committed any criminal act, if you are being interviewed about a mail, wire or bank fraud, you are well advised to immediately contact an experienced Miami mail, wire and bank fraud attorney who has successfully represented people in federal mail, wire and bank fraud cases. I have successfully represented people charged with those offenses for the past 40 years. I am very familiar with what needs to be done to ensure that you are properly represented, with a minimum of publicity. My goal is to keep you out of the news. If you would like to discuss your situation with me, call my law firm and ask for an appointment to meet with me. I can help you and I will help you. But you must take the first step by contacting me.