Possible Defenses Against Mail And Wire Fraud
Mail fraud and wire fraud are both federal crimes in the United States of America. These crimes occur when a person engages in a scheme to defraud, with the intention to defraud and uses a physical or electronic mail system to defraud. Mail and wire fraud are among the most frequently prosecuted cases in federal courts.
The United States government takes the crimes of mail fraud and wire fraud quite seriously. For this reason, if you are facing mail and wire fraud charges, it is vital that you take your case seriously. If you do not take your charges seriously and are convicted, you could end up spending a long time in jail and paying hefty fines.
If you’ve been arrested and charged with wire and mail fraud, you should contact a qualified criminal defense attorney as soon as possible if you still haven’t done so. There are several strategies an experienced criminal defense attorney can use to help you fight your wire and mail fraud charges. Below, we look at some possible defenses against mail and wire fraud.
Lack of Intent
If you are facing mail and wire fraud charges, one of the elements the prosecution needs to prove is that you had the intention of defrauding another person. If you lied to someone but did not have the intention of defrauding them, then you cannot be convicted of mail and wire fraud. For example, if you made exaggerated statements to boost your sales but had no intention of defrauding someone, that cannot be termed fraud.
Mistake of Fact
This is also known as the “good faith” defense. It arises when a person makes an untrue statement without knowing it is untrue. If you said something to someone and sincerely believed that what you were saying was a fact, your attorney can raise this defense. You can avoid a mail and wire fraud conviction if your attorney can prove that you were unaware of the fact that you misrepresented something in your communication.
Expiration of the Statute of Limitations
According to the law, the time limit for prosecuting mail fraud and wire fraud cases is five years. However, the statute of limitation for schemes that affect a financial institution is ten years. If the statute of limitations on your mail and wire fraud case has expired, the government is prohibited from prosecuting you.
Illegally Obtained Evidence
If, for example, the police obtained evidence after conducting an illegal search and seizure, your attorney may be able to convince the court to throw out the pieces of illegally obtained evidence. The Constitution of America protects you from unreasonable searches and seizures. If your defense attorney can have a few pieces of evidence thrown out of court, it can significantly affect the prosecutor’s case. Proving a case beyond a reasonable doubt requires substantial evidence.
You Were Following Instructions
If you were asked to do something, for example, by your boss, and you did not know that what you were asked to do was fraudulent, it may be a defense that you just did what you were told to do.
Contact an NYC Mail and Wire Fraud Attorney
If you are facing mail and wire fraud charges and need help fighting your charges, contact our skilled and dedicated NYC mail and wire fraud attorney, Mark I. Cohen, at 212-732-0002.