Mail and wire fraud definition
Mail fraud and wire fraud are two types of fraud that involve the use of the mail or wire communications to perpetrate a scheme to defraud or obtain money or property by false pretenses.
Mail Fraud:
Mail fraud is a type of fraud that involves the use of the United States Postal Service (USPS) or any private or commercial carrier to execute a scheme to defraud or obtain money or property by false pretenses. Mail fraud is a federal crime that is punishable by up to 20 years in prison and a fine.
To be considered mail fraud, the following elements must be present:
- A scheme or artifice to defraud or obtain money or property by false pretenses.
- The use of the mail or any private or commercial carrier to execute the scheme.
- The scheme was intended to deceive or mislead the victim.
Examples of mail fraud include:
- Sending false or misleading information to a victim through the mail in order to obtain money or property.
- Using the mail to send fraudulent checks or money orders.
- Sending false or misleading information to a victim through the mail in order to obtain a loan or credit.
Wire Fraud:
Wire fraud is a type of fraud that involves the use of wire communications, such as telephone, email, or text message, to perpetrate a scheme to defraud or obtain money or property by false pretenses. Wire fraud is a federal crime that is punishable by up to 20 years in prison and a fine.
To be considered wire fraud, the following elements must be present:
- A scheme or artifice to defraud or obtain money or property by false pretenses.
- The use of wire communications, such as telephone, email, or text message, to execute the scheme.
- The scheme was intended to deceive or mislead the victim.
Examples of wire fraud include:
- Making false or misleading statements to a victim over the phone in order to obtain money or property.
- Using email or text message to send fraudulent information or requests for money or property.
- Using the internet to perpetrate a scheme to defraud or obtain money or property by false pretenses.
Penalties for Mail and Wire Fraud:
The penalties for mail and wire fraud can be severe and may include:
- Up to 20 years in prison
- A fine of up to $250,000
- Restitution to the victim
- Forfeiture of assets or property obtained through the fraudulent scheme
It's important to note that mail and wire fraud are federal crimes and are prosecuted by the federal government. If you are accused of mail or wire fraud, it's important to seek the advice of a qualified criminal defense attorney who has experience in federal fraud cases.