New York City Mail Fraud Attorneys – New York City Wire Fraud Attorney
New York City Federal Wire Fraud Lawyer
New York City Federal Mail Fraud Lawyer
Federal Mail and Wire Fraud are amongst most commonly filed criminal charges because both Mail Fraud and Wire Fraud criminal statutes make relatively easy for the prosecutors to prove guilt. New York mail and wire fraud attorneys of Joseph Potashnik & Associates PLLC are experienced white collar defense attorneys who have represented numerous clients accused of federal mail fraud or wire fraud in New York City.
Both mail and wire fraud are rarely charged as single offenses. Defendants are usually indicted on mail or wire fraud charges together with other charges such as general fraud, insurance fraud, credit card fraud, mortgage fraud, bank fraud, and tax fraud.
What is Mail Fraud
18 U.S.C. Section 1341, known as the Mail Fraud Statute, makes it a crime to use the federal mail (or any commercial carrier such as FedEx or UPS) to promote a fraudulent scheme. Each separate mailing is a separate offense and will constitute a separate count in the indictment. The crime is completed when the mailing is dropped into a mailbox or otherwise delivered to the carrier.
The basis for a mail fraud conviction is “intent to defraud”. Too many prosecutors represent mistakes, ignorance, and puffery as affirmative misrepresentation that could be used to show intent to defraud. We use various defensive techniques, including the “God Faith Defense” to attack prosecution’s theories “proving” intent.
Another important element of the statute is the presence of “fraudulent scheme”, which generally means misrepresentations or omissions of facts designed to deceive an average person. What is considered a scheme to defraud has been discussed by courts extensively by New York federal courts and the Supreme Court. Our New York mail fraud attorneys stand up to prosecutors who see fraud where there is none.
What is Wire Fraud
Very similar to the mail fraud statute, the wire fraud statute, 18 U.S.C. § 1343, addresses fraud by wire, radio, or television. It makes it a crime to use wire, radio, or television to promote a fraudulent scheme in interstate or foreign commerce.
This is one of the most commonly used criminal statutes. Although, unlike the mail fraud statute, which is triggered by any use of the mails, the wire fraud statute requires a use of the wires in interstate or foreign commerce, the scope of the wire fraud statute is extremely broad. Wire transmission includes a simple telephone call to another state or overseas. While the wire fraud statute was originally intended to address fraud by radio, it now applies to the Internet, radio, television, telephone, telegraph and just about any other form of wire communication.
If you are charged with federal wire fraud in New York City, contact the New York wire fraud attorneys at our firm for a confidential consultation.
