In my practice I have found that wire fraud and mail fraud charges are brought against my clients when little or no evidence exists to bring greater charges against them.
During my career I have seen mail fraud most commonly occur when a suspect uses the U.S. Postal Service, or private carriers, in the commission of a scheme to defraud someone of money or property.
Wire fraud on the other hand occurs when a suspect uses the phone, e-mail, internet, fax or other form of electronic communication in order to accomplish a fraudulent scheme such as Ponzi schemes, pyramid schemes, embezzlement, theft, money laundering and internet fraud to name a few.
In addition, authorities must prove both in mail or wire fraud cases that some trickery or deception was used in the commission of the crime and the suspect’s intent to defraud the victim.
Analysis: Am I guilty of wire fraud or mail fraud?
All of the following must be present to be found guilty of mail or wire fraud:
- That the person knowingly and willfully devised a scheme to defraud, or for obtaining money or property by means of false pretenses, representations or promises; and
- That the person knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud.
- Here the subtle difference between wire and mail fraud is whether the means were electronic or not.
Important to know about mail fraud and wire fraud charges
Each separate use of the interstate wire facilities in furtherance of a scheme to defraud constitutes a separate offense.
If you are facing potential wire fraud charges, you are involved in a serious criminal matter and it is imperative you seek out an experienced wire fraud attorney or mail fraud attorney like me. You have to be proactive and get a seasoned lawyer involved immediately. Call me today.