At Delahunty & Edelman LLP, we specialize in providing top-notch defense for individuals facing wire and mail fraud charges. These charges, which stem from fraudulent schemes with interstate implications, are among the most common ways the government prosecutes fraud. Our team of former federal prosecutors possesses extensive experience in both defending clients against such cases and prosecuting these offenses, enabling us to offer well-informed advice on building a solid defense.
Wire fraud occurs when an individual or organization devises a scheme to commit fraud using wire, radio, or television communications with the specific intent of defrauding others. This may include various online scams, identity theft, phishing schemes, or telemarketing fraud. Wire fraud charges can also apply to broader fraudulent activities like investment fraud, securities fraud, bank fraud, or other schemes involving wire, radio, or telephone communications.
Mail fraud is closely related to wire fraud, with the primary distinction being the inclusion of a mailing component. In mail fraud cases, the fraudulent activity involves the use of the postal service or mailing items. Wire fraud, on the other hand, centers around the use of interstate electronic signals.
Federal charges of wire and mail fraud carry severe legal and financial consequences. Mail fraud convictions can lead to a maximum prison sentence of 30 years, accompanied by fines of up to $250,000. In cases involving federally declared disasters or affecting financial institutions, the penalties can escalate to 30 years of imprisonment and fines reaching $1,000,000.
If you or your organization is facing federal wire or mail fraud charges, it is crucial to retain a skilled white-collar criminal defense attorney who can carefully analyze the evidence, determine admissibility, and identify viable defenses. Some potential successful defenses may include:
Wrong Party: Providing evidence to establish that you were not involved in the alleged fraudulent actions, pointing to another individual within the organization as the responsible party.
Lack of Intent: Demonstrating that you lacked the required intent to commit the offense due to a mistake of fact or a lack of specific intent to engage in fraudulent activities.
Communication/Item Did Not Help Fraud: Presenting evidence that any communication or mailed item did not contribute to the execution of the fraud. It is essential to show that the mailing or wire furthered the fraudulent scheme.
Failure to Meet Government’s Burden: Challenging the prosecution’s ability to prove each element of wire or mail fraud beyond a reasonable doubt. If the evidence falls short of meeting this high burden, a conviction should not be secured.
If you are facing wire or mail fraud allegations or are involved in an investigation that may result in such charges, seeking legal advice promptly is crucial. Our firm, led by former Assistant U.S. Attorneys, offers a unique advantage in understanding how the government typically prosecutes these cases and devising successful defense strategies. Our experience on both sides of these cases enables us to carefully examine the evidence and develop a robust defense strategy.
Our ultimate goal is to resolve these allegations efficiently, fully exonerating our clients or significantly mitigating the charges against them. Contact us today to receive the skilled legal representation you deserve.