Mail and Wire Fraud Lawyer
Mail and wire fraud are two of the most frequently prosecuted crimes in the United States. Both of these crimes are federal felony offenses, and if you are charged with either, you face hefty fines and a long prison sentence. Though criminal charges of any kind can cause ample stress, fear and anxiety, it is important to remember that you do not have to fight them alone.
Why Choose Boyle & Jasari
Attorney Dennis Boyle is a highly accomplished white collar criminal defense lawyer. He has received numerous accolades throughout his career, including an AV Preeminent rating from Martindale Hubbel, the Nationally Ranked Top Ten Attorney’s Award, the American Bar Association Award for Professional Merit, and has consecutive listings in Washington DC’s Super Lawyers from 2011 to present.
Practicing in both national and international courts, Attorney Dennis Boyle has extensive litigation experience. He has formerly served as a Navy Judge Advocate, First Assistant District Attorney, and a Special Assistant US Attorney. Attorney Dennis Boyle spent over a decade serving as a prosecutor before using his unique insight to defend those accused of criminal and white collar criminal offenses.
He has tried over 200 criminal jury trials in state and federal courts throughout the United States, winning a number of landmark cases in constitutional law, commercial litigation, civil procedure, professional negligence, and others.
At Boyle & Jasari, we understand the impact white collar crimes can have on your life. Few attorneys have the in-depth knowledge and experience in criminal law than Attorney Dennis Boyle.
What Is Mail Fraud?
When you face federal mail fraud charges, it is important that you understand what you are up against. Our attorneys are prepared to explain the charges to you and, more importantly, how federal statutes may apply to your case. “Fraud”, by definition, is the wrongful or criminal deception committed for financial or personal gain. When a person uses the U.S. Postal Service or any other private or commercial interstate carrier services to commit fraud, the crime is elevated to the federal offense of mail fraud. Mail fraud can occur in a number of ways, but some of the more common examples are as follows:
- Using a delivery service to send a fake job offer
- Using a delivery service to send falsified court documents
- Mailing contract and receipts involving a fraudulent deal
- Bribing a government official or accepting kickbacks via the mail
- Sifting through someone else’s mail to find checks, prescription medications, credit cards or other items
A crucial distinction between mail fraud and almost any other type of fraud is the use of an interstate delivery service like the U.S. Postal Service, UPS or Federal Express. The fraud itself, however, does not need to involve participants from different states. It is enough if the “wires” are interstate, meaning that the system used is present in more than one state.
In practice, this involves nearly all transactions. The Commerce Clause of the Constitution grants the federal government the authority to prosecute interstate crimes, such as those that occur through the mail. Federal criminal offenses often carry much harsher punishments than state crimes, and they are much more difficult to fight. For these reasons, it is imperative that you retain the counsel of a criminal defense lawyer who is familiar with mail fraud, the laws that apply to it and, most importantly, defenses that work.
Mail and wire fraud are considered white collar crimes. At Boyle & Jasari, we understand that even though white collar crimes are non-violent, the government takes financially motivated offenses very seriously. Our attorneys have a long history of handling complex cases. When your freedom is on the line, the sooner you contact us, the sooner we can take key steps to advocate on your behalf. Contact Boyle & Jasari today and schedule your consultation. You can reach us by clicking here or calling (202) 798-7600.
How a Mail and Wire Fraud Attorney Can Help Your Case
If you or someone you love are the target of a mail or wire fraud investigation, the most important step in your defense is choosing a skilled white collar criminal defense lawyer. Selecting an attorney is a very personal decision. While your defense needs to be aggressive, you need to be kept informed and have consistent guidance throughout the investigative and legal process.
We know your reputation, wealth, career, and freedom are at risk for mail and wire fraud allegations. Every case is different and requires an expert eye to determine the best course of action.
Our attorneys will conduct an investigation into the matter by interviewing clients, examining the evidence, and retaining investigators and experts. Many times, a thorough examination of critical evidence can persuade the prosecution to dismiss the case. However, if your case proceeds to trial, the lawyers of Boyle & Jasari, are exceptional trial attorneys. They have decades of skill in both complex white collar criminal offenses.
What Is Wire Fraud?
Wire fraud is very similar to mail fraud except that it involves the use of any wired communication, such as email, telephone, cell phone and text message, to commit a crime. The government created the crime of wire fraud to account for evolving technology. Like with mail fraud, a person commits wire fraud when he or she uses an electronic means of communication to scam an individual, organization, business or government agency out of property that does not rightfully belong to him or her. Examples of wire fraud are as follows:
- Using email to trick someone into providing his or her personal information
- Attempting to get someone’s financial information for fraudulent purposes over the phone
- Submitting a falsified application for financial assistance via the internet
- Attempting to sell property you do not own, and communicating with “potential buyers” over the phone, email or text message
Wire fraud is also a federal felony offense that carries harsh penalties.
The Elements of Mail and Wire Fraud
For mail and/or wire fraud charges to stick, the prosecution must prove that the elements of the crime exist. While the elements of a mail and wire scam differ somewhat slightly, both involve the intent to defraud or scheme.
Though it is easy for the everyday person to commit either type of these crimes, one cannot commit wire or mail fraud accidentally. To secure a conviction, the prosecution must prove that the defendant devised, intended to devise or participated in a scheme designed to trick someone out of something of value, such as property, money or an asset. To prosecute someone for a mail crime, the prosecution must also prove that the defendant used a delivery service to execute or attempt to execute the scam. To secure a conviction for wire fraud, on the other hand, the prosecution must establish that it was reasonably foreseeable that the defendant would use wire communications to carry out the scheme, and that, eventually, he or she did use a wired communication for these purposes.
Penalties for Mail and Wire Fraud
The penalties associated with mail and wire fraud depend largely on the value of the property the defendant attempted to obtain or did obtain, the number of victims the defendant targeted and the defendant’s criminal history. That said, because of the nature of the crime, most mail and wire fraud convictions result in long prison times, hefty fines and additional penalties. Below is a brief overview of what is at stake if you fail to build a strong defense:
Fines: A single conviction of either type of crime can result in a fine of up to $500,000, or $1 million if the scam involved federal disaster relief or a financial institution.
Jail Time: Mail and wire fraud convictions can result in 20-30 years of prison time, depending on the target.
Restitution: If you were successful in your attempt to deceive someone or something out of property, the judge may order you to pay restitution to the victim.
Probation: If the amount you swindled or attempted to swindle was minimal, if you targeted few victims and if you have a clear criminal history, the judge may order one to three years of probation in lieu of prison time.
Your Best Defense Against Mail and Wire Fraud Charges
The penalties for mail fraud or wire fraud can be severe. Often, the complexity of white collar crimes is due to the various circumstances of each case. In some instances, mail and wire fraud are coupled with other offenses, including healthcare fraud, bribery, or corporate espionage. Therefore, it is important that you seek counsel for your specific case.
The most common defenses against mail and wire fraud charges are “Good Faith” and “Puffery.” The Good Faith defense involves proving that you sent a communication in good faith and with zero intent to defraud or deceive someone. The Puffery defense entails showing that you used flattery, opinionated statements or exaggeration to persuade someone to act in a certain way, but that you did not outright lie.
Regardless of which defense you feel would work best for you, you should never attempt to fight federal felony charges on your own. Your best defense against such serious charges begins with retaining an experienced criminal defense lawyer. Boyle & Jasari, brings their skill, experience, and expertise to every case. Our mail and wire fraud attorneys will mount an aggressive defense on your behalf.