Conspiracy to Commit Wire or Mail Fraud
Someone convicted of wire or mail fraud faces serious penalties. However, it is not even necessary to actually complete a fraudulent act in order to be convicted of federal fraud charges. This is because it is possible to be charged with a conspiracy to commit wire or mail fraud, which is also punishable by fines and jail time, so if you have been charged with a conspiracy to commit fraud, it is important to contact a white collar crime attorney who can help you formulate a defense.
What is Mail Fraud
Someone can be convicted of mail or wire fraud if he or she used the mail service or wire communication to defraud another. In order to convict someone of this offense, a prosecutor must have evidence establishing that the defendant intended to defraud someone else using the telephone or electronic communication, such as the internet.
Conspiracy to Commit Mail Fraud
Even if a person did not actually go through with the fraudulent act required of a mail fraud conviction, he or she can still be charged with a conspiracy to commit fraud, but only if there is evidence establishing that:
- There was an agreement between two or more people to commit fraud using wire or mail communications; and
- At least one of the parties to the agreement overtly acted to follow through with the plan.
Even if a person did not take the overt action, he or she can still be charged with conspiracy. Under federal law, it is enough that a defendant knowingly joined a conspiracy in which use of the mail or electronic communication could foreseeably have furthered the conspiracy and that at least one of the parties involved took an overt action. In fact, once a defendant’s participation in a conspiracy has officially been established, the defendant will be considered guilty of any acts committed by his or her alleged partners, even if the overt act failed. It is also not necessary for someone alleged to be a co-conspirator to know the rest of the conspirators in order to be considered part of the group.
Conspiracy to commit mail or wire fraud is usually tried at the federal level. Unfortunately, this means that those who are convicted of federal conspiracy to commit fraud face much harsher punishments, as a convicted defendant could be required to pay fines of up to $250,000 and spend up to 20 years in prison.
Contact an Experienced White Collar Crime Attorney
Being convicted of a conspiracy to commit fraud can result in punishments as severe as if the individual had actually committed the fraudulent act. With so much at stake, it is critical for those who have been charged with this type of crime to speak with a dedicated white collar crime attorney who can protect their interests. If you live in Miami and are being investigated for fraud, please contact Jeffrey S. Weiner, P.A. Criminal Defense Attorneys at 305-670-9919 to schedule a meeting with an experienced white collar crime attorney who can evaluate your case.