WHAT ARE WIRE FRAUD AND MAIL FRAUD
Both Mail and Wire Fraud are considered serious federal crimes in the state of California. Although they are both categorized as fraud, their definitions are different. Mail fraud is also known as postal fraud and is defined as a scheme to commit fraud where mail is used to further the scheme. There must be a specific intent to commit fraud. Federally, the fraud portion of mail fraud means to knowing or reckless misrepresentation of material fact(s) so as to deprive someone else of something valuable. Wire fraud is defined as a scheme to commit fraud with the use of wire, radio or television to further that scheme. There must be a specific intent o to commit fraud. Without proving intent, meaning that the defendant specifically intended to deceive or defraud someone else, there cannot be a guilty verdict.
Because both mail and wire fraud are punishable by up to 20 years in federal prison, a fine or a combination of the two. If the mail or wire fraud involves a federal disaster or a financial institution then the maximum sentence can be 30 years in federal prison.
POSSIBLE LEGAL DEFENSES
A related offense for wire fraud is an attempt or a conspiracy to commit wire fraud, this means that if someone attempted to commit the crime but weren’t successful, they can still be charged for the attempt. The same goes for mail fraud, if a person attempted to commit the crime but was not successful, they can still be charged with a conspiracy to commit that crime. If a person attempts to cover their tracks by using a fake name or a fake address, they can be charged with the use of a fictitious name to commit mail fraud. A related charge to both mail and wire fraud is that of securities fraud wherein a person makes false or misleading statements in connection with the sale or purchase of securities such as property. Finally, internet fraud is a related offense; this can mean any fraudulent scheme carried out through the internet.
READY TO FIGHT FOR YOU
If you or a loved one is facing an wire fraud or mail fraud charge, you need an aggressive Orange County criminal defense lawyer on your side. With offices in Costa Mesa, we serve people throughout Southern California, including in Huntington Beach, Irvine, Santa Ana, Costa Mesa, and Los Angeles. Call (855) 505-5588 or contact us online for a free initial consultation.