Punta Gorda Federal Mail & Wire Fraud Defense Lawyers
At Foley & Wilson Law Firm, our experienced legal team understands the complexities and seriousness of federal mail and wire fraud charges. With over 45 years of experience in the federal criminal justice system, our attorneys, former federal prosecutors retired FBI agents, are dedicated to providing unparalleled defense strategies. We treat every client with dignity and respect, delivering the highest level of professional representation. Contact our experienced Punta Gorda federal mail & wire fraud defense lawyers today.
Understanding Federal Mail and Wire Fraud
Federal mail fraud and wire fraud are serious offenses that carry severe penalties. Both crimes involve schemes to defraud others of money, property, or honest services through deceitful means. Although similar, each offense is outlined in a separate federal statute.
Elements of Mail Fraud (18 U.S.C. § 1341)
To secure a conviction for mail fraud, the prosecution must prove the following elements beyond a reasonable doubt:
- Scheme to Defraud: There must be a scheme or plan to defraud another of money, property, or honest services through false or fraudulent pretenses, representations, or promises.
- Materiality: The false statements or representations must be material, meaning they have a natural tendency to influence or are capable of influencing the decision of the person or entity allegedly being defrauded.
- Intent: The defendant must have had a specific intent to defraud.
- Use of Mail: The scheme must involve the use of the United States Postal Service or any private or commercial interstate carrier to execute or attempt to execute the fraudulent scheme.
Elements of Wire Fraud (18 U.S.C. § 1343)
Similarly, wire fraud charges require the prosecution to prove:
- Scheme to Defraud: There must be a scheme to defraud another of money, property, or honest services.
- Materiality: The false statements or representations must be material.
- Intent: The defendant must have had a specific intent to defraud.
- Use of Wire Communications: The scheme must involve the transmission of communications by wire, radio, or television in interstate or foreign commerce.
Penalties for Mail and Wire Fraud
The penalties for mail and wire fraud can be severe and life-altering. Convictions may result in:
- Imprisonment: Up to 20 years in federal prison per count. If the fraud involves a financial institution or a federal disaster relief, the penalty can increase to 30 years.
- Fines: Substantial fines, potentially amounting to hundreds of thousands of dollars.
- Restitution: Defendants may be ordered to pay restitution to victims for their losses.
- Supervised Release: Following imprisonment, defendants may face a period of supervised release, during which they must comply with specific conditions set by the court.
Common Defenses to Mail and Wire Fraud Charges
At Foley & Wilson Law Firm, we meticulously analyze each case to develop a robust defense strategy. Some common defenses we employ include:
Lack of Intent
One of the primary defenses is demonstrating that the defendant lacked the specific intent to defraud. Without intent, the prosecution cannot prove its case beyond a reasonable doubt.
Absence of a Scheme to Defraud
We may argue that there was no scheme or plan to defraud. This involves challenging the materiality and the existence of any false or fraudulent representations.
Insufficient Evidence
A lack of sufficient evidence to support the prosecution’s claims can lead to a dismissal of charges. We rigorously scrutinize the evidence presented to identify weaknesses or inconsistencies.
Good Faith
If the defendant believed in good faith that their actions were lawful or did not intend to cause harm, this can serve as a powerful defense. Demonstrating good faith negates the intent to defraud.
Procedural Errors
We examine the investigation process for any procedural errors or violations of the defendant’s rights. Any misconduct or failure to adhere to legal protocols by law enforcement can result in evidence being excluded from the trial.
Why Choose Foley & Wilson Law Firm?
Choosing the right defense attorney is crucial when facing federal mail and wire fraud charges. At Foley & Wilson Law Firm, our team’s extensive experience as former federal prosecutors and federal law enforcement agents provides us with unique insights into the prosecution’s strategies. We are committed to delivering personalized, high-quality legal representation, ensuring that our clients receive the best possible defense.
If you or a loved one is facing federal mail or wire fraud charges im Punta Gorda, contact Foley & Wilson Law Firm today. Our dedicated attorneys are here to protect your rights and provide the expert legal defense you deserve.
