Fraud: Mail Fraud

Miami Mail Fraud Criminal Lawyers

The federal mail and wire fraud statutes have become one of the most powerful tools used by federal prosecutors to prosecute white collar and financial crimes. The penalties for violating the mail and wire fraud statues were increased four-fold with the passing of the Sarbanes-Oxley Act of 2002. The maximum sentence punishable under the law increased from 5 to 20 years. The increased penalties have raised the stakes for all defendants charged with white collar criminal offenses. A conviction on one count alone of mail or wire fraud could result in a long prison sentence.

Each Miami criminal lawyer at DMT has vast experience in defending federal mail fraud cases. If you are under investigation or have been arrested for mail fraud in Florida, it is imperative that you immediately seek the assistance of a Miami mail fraud defense lawyer to represent your interests. Mail fraud charges arise when an individual uses the U.S. Postal Service to criminally obtain money or property. Mail fraud not only applies to U.S. domestic mailings (United States Post Office, but it also applies in cases involving private carriers (FEDEX, UPS). The mailing must cross at least one state line for offense to be charged. While mail fraud is a widely charged crime, it is not applicable in cases where phones, e-mails, or faxes are used to perpetrate the fraud. However, the offense of wire fraud can be charged in those instances.

The act of mail fraud is specific intent crime. It is the government's burden to prove that a defendant intentionally committed fraud that the scheme to defraud caused someone else to lose money or property. A defense to mail fraud is to show that the loss of money or property or that the use of the mail system was accidental or unintentional. Government prosecutors will attempt to prove intent by presenting circumstantial evidence to the jury. The majority of schemes to defraud under the mail fraud statute involve the use of mailings which contain lies or falsities that causes the receiver to act. All cases of mail fraud require a material misrepresentation that caused a person to act.

The mail fraud statute often gives federal prosecutors the ability to prosecute cases that would normally be handled in state court. Although the mail fraud statue is over 100 years old, it is one of the most common charges prosecuted by the federal government. Examples of cases prosecuted in conjunction with mail fraud cases include the following:

• Bank Fraud
• Credit Card Fraud
• Healthcare Fraud
• Identity Theft
• Insurance Fraud
• Medicare Fraud
• Money Laundering
• Mortgage/Real Estate Fraud
• Securities Fraud
• Tax Fraud

The mail fraud statute provides the federal government with yet another tool to prosecute cases. Anyone who uses the mail to engage in fraud can and will be prosecuted in federal court. If an individual is convicted of mail fraud, an individual can be sentenced up to twenty years and a $1 million dollar fine. Miami mail fraud cases are highly complex and are prosecuted by the most experienced federal government attorneys. Due to the complexity of the cases and potential sentences they entail, it is essential that you contact the criminal law firm at DMT who have years of experience in defending mail fraud cases.

If you are under investigation for, or have been arrested and charged with a mail fraud case, contact the Miami criminal lawyers at DMT. An experienced criminal attorney is available every day of the year, 24 hours a day to speak with you regarding your situation. Allow us the opportunity to help protect your rights and defend you case and you will not be disappointed. You can call our office at (305) 444-0030 or reach us by completing the form on our contact page or by sending an e-mail.