Federal Mail and Wire Fraud Charges in New York

Two of the crimes most commonly charged by federal prosecutors are mail fraud, in violation of 18 U.S.C. §1341, and wire fraud, in violation of 18 U.S.C. §1343. The reason for their frequent usage is that nearly all frauds in the modern era are alleged to have utilized some means of non-face-to-face communications in furtherance of the underling scheme.  Accordingly, these offenses are frequently charged together with other financial crimes, such as bank fraud (18 U.S.C. §1344), healthcare fraud (18 U.S.C. §1347), securities fraud (18 U.S.C. §1344), access device theft (18 U.S.C. §1029) and computer fraud (18 U.S.C. §1030).

Put simply, frauds which are alleged to have utilized electronic communications are penalized by the wire fraud statute, and frauds which are alleged to have utilized the United States Postal Service or another interstate commercial carrier, such as Federal Express or UPS, are penalized by the mail fraud statute. For help dealing with federal mail and wire fraud charges in New York, speak with one of our top federal defense attorneys.

What are the Penalties for Mail and Fraud?

The punishment for a conviction for either offense is severe, carrying a maximum sentence of up to 20 years imprisonment – and up to 30 years imprisonment and a $1 million fine if the criminal conduct impacted a financial institution. 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.

Harsh penalties are also possible when an alleged act of fraud targets charitable institutions or vulnerable adults. The same is true if the fraud involved more than $1 million in total assets.

Both of these offenses are felonies, which can bring some collateral consequences. A person convicted of these charges will lose certain rights related to owning firearms or voting. It can also dramatically impact an individual’s ability to earn a living after their prison term is complete.

It is helpful to remember that these penalties only come into play following a conviction. By working with a seasoned defense attorney, it may be possible to beat federal wire and mail fraud charges in a New York courtroom.

Common Defenses to Federal Mail and Wire Fraud

While dealing with these charges can be scary, a conviction is never guaranteed. Everyone has the right to raise a defense with the help of strong legal counsel, and the right approach could result in an acquittal.

Even when a verdict of innocent seems to be out of reach, there are options for using a viable defense strategy to secure a fair plea offer or have some charges dropped. A few of the best ways to approach these cases include the following.

Violation of Constitutional Rights

Everyone has certain rights provided to them by the United States Constitution. These include the right to be free from illegal searches and seizures. When the government oversteps by searching a home or vehicle without a warrant or permission, it could result in evidence being thrown out at trial. The court may have no choice but to exclude anything found during the illegal search thanks to a legal doctrine known as the “fruit of the poisonous tree.” An NYC attorney could evaluate the circumstances of the mal and wire fraud case to determine if any rights have been breached.

Lack of Intent

All fraud charges are crimes of intent. When a person acts in good faith, they should not be guilty of fraud even if they unintentionally misappropriate funds or cause financial harm.

The lack of intent can look different from one case to another. For example, a person might have relied on the advice of a financial planner or their own records when completing a supposedly fraudulent transaction. If they acted in good faith at the time, they have not committed a crime.

Truthful Communications

A key aspect of any fraud allegation is a deceptive communication. In these cases, that must come either through the mail or across the wires. However, if the statement made by the accused was entirely truthful, this could defeat the charges. Even if there are grounds for a civil action, the use of truthful communications is a potential defense in criminal cases.

Guilt or innocence in these cases often comes down to the contents of the communications. Whether they are emails or physical correspondence, showing that they are free of false statements could make for a viable defense to federal mail and wire fraud charges in New York.

Withdrew From The Scheme

While this defense is only available in limited situations, it may be possible to avoid a conviction by showing that the accused withdrew from the scheme before anyone was harmed. This must include some kind of affirmative action to withdraw. Because of the subjective nature of this defense, it can be challenging to convince a jury of innocence.

Proving Mail or Wire Fraud Charges in New York

An individual is guilty of mail fraud, in violation of 18 U.S.C. §1341, when he or she obtains money or property – or attempts or engages in a conspiracy for money or property – under false or fraudulent pretenses and in furtherance of such, he or she uses the mails, whether the United States Postal Service or a private, commercial carrier, such as Federal Express.  Similarly, an individual is guilty of mail fraud, in violation of 18 U.S.C. §1343, when he or she obtains money or property – or attempts or engages in a conspiracy for money or property – under false or fraudulent pretenses and in furtherance of such, he or she uses some form of electronic communication, whether it be telephone, wire, radio, text message, or email.

To be convicted of either crime, the government must prove three elements beyond a reasonable doubt – that there was:

• a scheme to defraud
• money or property as the object of such a scheme
• a mail service or electronic communications utilized to further the scheme

See Fountain v. United States, 357 F.3d 250, 255 (2d Cir. 2004); see also United States v. Schwartz, 924 F.2d 410, 416 (2d Cir. 1991) Because the mail and the wire fraud statutes use the same relevant language, our team analyzes them the same way. Further, the limited elements of these statutes give them an “extraordinarily broad sweep,” (United States v. Porcelli, 865 F.2d 1352 (2d Cir. 1989)) and concomitantly, prosecutors the ability to charge any number of different crimes as mail or wire fraud.

Contact a Federal Crimes Attorney in New York to Discuss Mail and Wire Fraud Charges

Given the extremely harsh consequences of a conviction, a top federal criminal defense attorney should be retained if you or a loved one are facing federal mail or wire fraud charges in New York. The lawyers at the Law Offices of Jeffrey Lichtman could work diligently on your case and help you build a defense. For more information about how we could help you, schedule a free consultation with one of our attorneys.