Mail fraud and wire fraud
Mail fraud and wire fraud are both 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 private mail carriers to send fraudulent materials, such as letters, emails, or packages, to victims. The scheme may involve false representations, misrepresentations, or concealment of facts to deceive the victim into sending money or property.
Examples of mail fraud include:
- Sending fake checks or money orders to victims and asking them to cash them and send the money back
- Sending fraudulent solicitations for donations or investments
- Sending fake invoices or bills to victims and asking them to pay
- Using the mail to send stolen or forged documents, such as checks or credit cards
Mail fraud is punishable under 18 U.S.C. § 1341, which states that "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or otherwise convey or dispose of, or to obtain control of, or to obtain any interest in, or to cause or attempt to cause the foreclosure of, any money or property, real or personal, with intent to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or otherwise convey or dispose of, or to obtain control of, or to obtain any interest in, or to cause or attempt to cause the foreclosure of, any money or property, real or personal, shall be fined under this title or imprisoned not more than 20 years, or both."
Wire Fraud:
Wire fraud is a type of fraud that involves the use of wire communications, such as telephone, email, or text messages, to perpetrate a scheme to defraud or obtain money or property by false pretenses.
Examples of wire fraud include:
- Using the phone or email to solicit investments or donations from victims
- Using the phone or email to send fraudulent invoices or bills to victims
- Using the phone or email to send stolen or forged documents, such as checks or credit cards
- Using the phone or email to make false or fraudulent representations to victims
Wire fraud is punishable under 18 U.S.C. § 1343, which states that "Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, either in interstate or foreign commerce, or by means of a radio communication which is transmitted by any means or in part by wire, to obtain money or property by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title or imprisoned not more than 20 years, or both."
Penalties for Mail and Wire Fraud:
The penalties for mail and wire fraud can be severe, and may include:
- Fines: up to $250,000 for individuals and $500,000 for organizations
- Imprisonment: up to 20 years
- Restitution: victims may be entitled to restitution for losses suffered as a result of the fraud
- Forfeiture: the fraudster may be required to forfeit any property or assets obtained as a result of the fraud
It is important to note that mail and wire fraud are federal crimes, and are prosecuted by the United States Department of Justice. If you are accused of mail or wire fraud, it is important to seek the advice of a qualified criminal defense attorney.