Staten Island Mail and Wire Fraud Lawyer

Staten Island Mail and Wire Fraud Attorney

As an accompaniment to other charges, mail and wire fraud are some of the most commonly prosecuted federal charges. These white collar crimes are added to other charges in an effort to penalize those accused to the fullest extent possible. The severity of these charges is not to be taken lightly, and you require a defense team that evaluates the details of your case to ensure the defense you receive is the one you deserve.

At The Vitaliano Law Firm, we know that these charges will no doubt raise many questions. With our team’s help, you can find the answers you need to navigate the difficult criminal justice system. Our team has the knowledge and experience to help you avoid costly convictions. We know that a conviction means more than a criminal record; it could also impact your ability to find employment or housing.

Mail and Wire Fraud

Both mail and wire fraud charges are criminally prosecuted and share many commonalities. As the name of the charge implies, they both involve a form of fraud but differ in the way by which the fraud occurs. Both types of charges are considered a form of theft. These crimes can take place against an individual, a company, or financial institutions such as banks.

Mail Fraud

Accusations of mail fraud allege that the fraud was committed through the United States Postal Service or through services such as UPS or FedEx. The fraud is a part of a scheme intended to harm another party. In order to prove mail fraud occurred, prosecutors must prove the following:

• There was a scheme designed to defraud another party through the use of deception or misrepresentation of facts
• The fraudulent activity was intent on obtaining money, property, or services
• There was a mail service used in the commission of the fraud

Wire Fraud

This occurs when there is intent to defraud another individual for money, property, or other services. In the commission of the fraud, there is a misrepresentation or deception that creates the circumstances by which the action is carried out. However, wire fraud encompasses electronic forms of communication, including:

• Emails
• Faxes
• Any internet communication
• Malware
• Phishing
• Telephone, including text messaging

Penalties for Mail and Wire Fraud

Each time a mail or wire fraud is committed in Staten Island, NY, it could carry a separate charge. This can lead to a multitude of penalties that compound upon one another. For each charge, possible penalties could include fines and prison terms. Fines could extend up to $250,000, and prison terms could range up to 20 years in a federal prison.

In some circumstances, the cases of fraud could be associated with times of national emergency. If the fraudulent activity is carried out during times of presidentially declared disasters or emergencies, the fines and prison terms can exponentially rise. If you are accused under these circumstances, convictions could carry fines up to $1 million and prison terms of up to 30 years in federal prison.

Defending Mail and Wire Fraud

While there is no standard defense for mail and wire fraud charges, there are common ways that your attorney can work to have your charges reduced or dropped or to help you reach an acquittal. The details and circumstances of your case will determine which type of defense may work for you. Common defense strategies include:

• Proving that no harm was suffered by the alleged victim
• Statements made were exaggerated or considered puffery, which is common in advertising
• There was an illegal search and seizure or other evidentiary discrepancies
• There was a lack of intent to commit fraud
• The act of fraud was not committed through mail or wire

These defenses are not the only options available if you are accused, but they do represent common starting points for reviewing your case. Your attorney will work with you to build a defense that fits your details.

FAQs

Q: How Do You Beat a Wire Fraud Case?

A: Building a case against wire fraud charges is a matter of the circumstances surrounding them. There is no one-size-fits-all approach to defending any criminal charge. However, with an experienced and knowledgeable attorney, you can often defend these charges by showing a lack of intent or that fraud did not impact the intended victim.

Q: What Is the Penalty for Wire Fraud in NY?

A: Wire fraud can carry penalties that range in fines up to $250,000 or 20 years in prison. This is per occurrence. That means if a person is convicted of emailing a fraudulent ad to 10 people, they could face ten charges of wire fraud as each email is a single occurrence. Because of the serious nature of these crimes, it is important to discuss your situation with an attorney.

Q: What Constitutes Wire Fraud?

A: Wire fraud occurs when an individual or entity deliberately attempts to obtain money, property, or services through false claims or advertisements. If the occurrence happens through the use of the United States Postal Service or through a service such as UPS or FedEx, then it is considered mail fraud. If it occurs through any form of electronic communication, it is considered wire fraud.

Q: Is Mail and Wire Fraud a White Collar Crime?

A: White collar crimes include such actions as fraud, forgery, counterfeiting, and regulatory offenses. Wire and mail fraud would fall into this category of charges and is considered such a crime. These charges are termed as such because they often involve corporations or involve public corruption. This is why these charges generally hold higher penalties.

Staten Island Mail and Wire Fraud Lawyer

The accusations alone of mail and wire fraud are very serious, but a conviction comes with many additional penalties that could find you facing hefty fines and significant time in prison. As a form of theft, these charges are often accompanied by others, which can compound the penalties you face. If you have been charged with mail or wire fraud, you deserve an attorney with the experience to help. Contact The Vitaliano Law Firmfor a consultation today.