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Phoenix Mail and Wire Fraud Lawyer

Phoenix Mail and Wire Fraud LawyerIf you are arrested on suspicion of mail or wire fraud, make sure that you retain the services of an experienced Phoenix Mail and Wire Fraud lawyer who will be able to defend your case in federal court and provide a unique defense strategy. White-collar crime has become a major section of criminal offenses a the expense of white-collar crime has increased in recent years, leading to a greater number of arrests.

It has become easier than ever to commit white-collar crimes given the use of the internet and the increasingly global age we now live in. As a result, there have been more mail and wire fraud offenses brought each year in criminal courts. Additionally, statutes throughout the country are consistently updated to protect citizens from criminal acts. Contact our Phoenix mail and wire fraud lawyer today for a free consultation.

Mail Fraud

Mail fraud is a federal offense and was initially enacted to protect the United States Postal Service, although it has since been expanded to include Federal Express and United Parcel Service. Mail fraud specifically involves an attempt to defraud someone through the use of the United States Postal Service or other postal carriers. The government must be able to prove the following factors in order to convict you of mail fraud:

  • You must have engaged in a scheme to defraud
  • You must have used mail in furtherance of the scheme to defraud
  • You must have used a mail carrier

Wire Fraud

Wire fraud also had humble beginnings and was initially formed to protect radio and television wires. Wire fraud has also expanded over the years to include facsimile, telephone, and internet transmissions. Wire fraud involves the use of electronic communication to unlawfully acquire money or property. Much like mail fraud, the government must prove the following 3 elements:

  • A scheme to defraud existed
  • You must have willingly or knowingly participated in the scheme with the intent to defraud
  • Wire communications were used to further the scheme

About Mail and Wire Fraud

“Mail and wire fraud” describes any scheme to deliberately deprive someone else of his/her property via mail or wire communications. Mail and wire fraud has been a federal crime in the U.S. since 1872. Depriving a victim of the “right of honest services” also constitutes mail and wire fraud. This is a criminal act in which someone breaches a fiduciary duty to another individual. The crime of deprivation of honest services is a gray area in federal law, with a rather broad definition.

Employees of the United States Post Office receive special training to investigate and detect mail and wire fraud schemes. They have the power to investigate crimes involving the mail, phones, or the internet. The employees can then take their suspicions or evidence to the police to continue the investigation. Otherwise, the victim of the alleged fraud can report his or her suspicions to the post office and/or directly to the police.

Examples of Mail and Wire Fraud

The fuzzy parameters of mail and wire fraud can make it a difficult crime to define. Many people commit mail and wire fraud without realizing they’re guilty. A seemingly harmless email blast or marketing tactic could technically break federal laws in certain situations. Examples of acts that may qualify as mail and wire fraud include:

  • Intercepting or opening someone else’s mail
  • Scamming someone via the mail or a wire
  • 900 number scams
  • Credit card fraud
  • Health insurance fraud
  • Soliciting someone using mail disguised as invoices
  • Home repair scams
  • Unsolicited merchandise scams
  • Illegally transferring funds from one account to another
  • Using malware to steal financial information
  • Phishing scams

Many other actions could result in a mail/wire fraud arrest in Arizona as well. The best thing you can do for yourself upon arrest is not to speak to anyone or answer any questions until your attorney is present.

What Are Defenses to Mail and Wire Fraud Charges?

It may be possible to avoid thousands of dollars in fees, imprisonment, probation, and paying restitution for mail and wire fraud with a good defense attorney. The right lawyer can help you develop a strategy that will get you the best results available for your criminal case. Our Phoenix mail and wire fraud lawyer will work hard to come up with the perfect strategy for you, whether it involves pleading innocent or negotiating an attractive plea deal. Potential defenses to this type of charge are:

  • Good faith. This is an important strategy that forces the prosecution to prove intent to commit the crime. If you participated in an alleged scheme with a good faith reason, such as not realizing the intent of the orchestrator of the fraud, the courts might drop the charges. Your attorney will need to prove you honestly believed your actions were lawful.
  • Lack of intent. It is the prosecution’s burden to prove you committed your acts with the intent to defraud the victim of something. Lack of intent can be enough to show you are not guilty of mail or wire fraud.
  • Mistaken identity. It’s possible the prosecutors have the wrong defendant. With the help of an identity theft attorney in Phoenix, you can show a physical or digital alibi that proves you aren’t the one who committed the mail or wire fraud, the prosecution might not have a case against you.

In the event these defenses aren’t appropriate for your case, our lawyer will still do all they can to achieve an outcome that minimizes the charges and penalties against you. We’ll work closely with you to identify your goals for the case and build your strategy toward achieving them. No matter how serious the charges you’re facing, trust us with your case. We can help you get back on the right side of the law.

Punishment Ranges

As federal offenses, mail and wire fraud often involve heightened punishment ranges that can be over 20 years in federal prison, as well as heavy fines. Mail fraud and wire fraud can separately lead to up to 33 years in prison and up to a $1,000,000 fine. This does not include other offenses that are usually tacked on to mail fraud.

In order to convict you of mail or wire fraud, the federal government must be able to prove beyond a reasonable doubt that you were involved in an overall scheme to defraud through mail or wires which resulted (or would have resulted) in the loss of money or property. To dispute these accusations with a diligent defense, contact a federal crimes lawyer in Phoenix.

Mail and wire fraud are now charges that are tacked onto other offenses such as identity theft because the person committing the crime often uses wire fraud or mail fraud to obtain the necessary information to complete the crime. Other offenses, such as insider trading, involve the combination of both mail and wire fraud. Many people charged with mail and wire fraud commit fraud unintentionally without realizing it has occurred. The way in which businesses are conducted now often leaves areas wide open for potential fraud. It is this reason why it is so important that the federal government must prove intent.

Orent Law Offices |Phoenix Mail and Wire Fraud Lawyer in Arizona

If you have been arrested on suspicion of wire or mail fraud in Arizona, you are probably concerned about the potential federal claims and punishments that are tied with mail and wire fraud. However, Phoenix criminal defense attorney Craig Orent has over 33 years of experience in defending clients in both state and federal court. Orent Law Offices, PLC understands that accusations of mail and wire fraud often occur in the most innocent of situations and will work tirelessly to ensure you are not unfairly punished.

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