Mail Fraud Law - 18 U.S.C. § 1341
If you are being investigated for the white-collar crime of mail fraud, the investigation is going to revolve around two specific points. First, did you willfully and intentionally devise or intend to devise a scheme or means to defraud another person of money or property? Next, was the fraud carried out using the postal system in some way?
Mail fraud is covered under 18 U.S.C. § 1341. This statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.
Being investigated or charged with mail fraud is not just a legal issue; it's a serious federal offense. If you find yourself in this situation, it's crucial to seek the help of a capable federal criminal defense attorney immediately. This step is not just a legal requirement, but also a reassurance that you are being guided through this complex process.
They can fully assist you regarding the allegations and guide you through the complex legal process.
Mail fraud under 18 U.S.C. Section 1341 is commonly known as postal fraud and is similar to 18 U.S.C. 1343 wire fraud. Since it's a federal offense, it's punishable under federal law and the Federal Sentencing Guidelines, which carry great weight in Los Angeles federal courts.
Mail Fraud Penalties
18 U.S.C. 1342 makes it a federal offense to use a fictitious name or address to carry out such a fraudulent scheme. In a mail fraud case, the United States Department of Justice (DOJ) files charges, as opposed to California state prosecutors.
Mail fraud is a serious crime with severe consequences. If convicted, you could face up to twenty-two years of incarceration in a federal prison and substantial fines.
These are not just numbers; they are the potential realities of a conviction. They are a stark reminder of why legal representation is crucial in such cases, as it can significantly impact your future.
Additionally, a conviction often results in substantial collateral consequences, such as difficulty finding employment and ineligibility for certain benefits.
Related bank fraud law, under 18 U.S. Code § 1344, is a serious offense that can include the theft or embezzlement of money by a bank employee or a scheme to defraud.
Therefore, it's critical to retain an experienced California federal criminal defense lawyer who can closely analyze all of the circumstances of your case and know how to apply effective defenses. Don't answer any questions from federal agents without first consulting with a criminal lawyer.
Elements of the Crime in a Mail Fraud Case
The federal prosecutor in the mail fraud case has the burden of proof to obtain a conviction. The case must be proven beyond a reasonable doubt or doubt based upon ordinary reason and common sense. They must prove the following elements:
- You devised or intended to devise a scheme to defraud or perform fraudulent acts
- You used the mail for the purpose of executing, or attempting to execute, the fraudulent scheme
It's important to note that in order to be convicted of mail fraud, you must have specifically intended to deceive or defraud another person.
In cases where the prosecutor can show you participated in a mail fraud scheme, it's not typically sufficient to secure a conviction. In other words, the federal prosecutor must also prove you knew about the fraudulent scheme and that your goal was to commit fraud.
Fighting Federal Mail Fraud Charges
Prosecutors and investigators will be aggressive in pursuing charges, and the process can be lengthy, drawn-out, and nerve-wracking. If an individual is convicted of mail fraud, they face stiff fines or imprisonment for up to 20 years or both. This aggressive nature of federal investigations underscores the urgency of seeking legal help.
If the violation affects a financial institution like a bank, the fine can be as high as $1,000,000, imprisonment for up to 30 years, or both.
Any federal investigation is a serious matter, and it is not a situation where you want to go it alone. Our legal staff, with extensive experience in federal investigations, can provide the strong defense you need in this kind of investigation.
With over 100 years of combined legal experience, our firm is well-equipped to handle your case. You can be assured that you will be working with a knowledgeable attorney who will help facilitate the best outcome possible regarding the investigation. This level of expertise should give you confidence in our ability to defend your rights.
Contact our law firm at the onset of a mail fraud investigation. You will be able to meet with an accomplished criminal defense lawyer who can guide you through the process and advise you on what your best legal options are.
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