Federal mail fraud charges

This article provides general information very superficial, the federal mail fraud statute, one of the most widely used in white collar criminal cases. I put it in a format easy to read Questions and Answers. Federal criminal charges are an extremely serious matter for which qualified legal assistance should be sought immediately.

Question. What is the federal mail fraud statutes?
Response. Postage and fraud are the most commonly used federal prosecutors in federal white collar criminal cases. The statute provides for mail fraud (1) a scheme to defraud'', and'' (2) the use of electronic mail'' for'' purposes of the scheme.

The current statute, 18 U.S.C. § 1341 (2004) provides:'' 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 representations or promises, or sell, dispose of, loan, exchange, alter, give away, distribute, supply or furnish or procure for unlawful use any false or spurious coin, obligation, security or other product, or anything represented to be or intimated or held to be such counterfeit or spurious article, for the execution of such scheme or artifice or groped to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the postal service or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by a private or commercial interstate carrier, or takes or receives therefrom, any matter or thing that, knowingly makes or to be delivered by mail or vector in the direction of it, or the place where it is directed to be delivered to the person to whom it is addressed, any matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both . If the violation relates to a financial institution, such person shall be fined not more than $ 1,000,000 or imprisoned not more than 30 years, or both.''

Question: What is "'' 'use the Post Office?
Answer: Any use of e-mail federal constitutes a separate offense and each mailing list is a separate count in the indictment "includes Federal Express Mail'' and other commercial carriers While each mailing constitutes a separate offense, the government is authorized to establish a single count .. on any number of items. To be in violation of this statute, is sufficient to mail anything or'' no'' knowingly cause to be shipped. There is a five-year statute of limitations, so if the expedition has occurred more than five years before, no violation of the mail fraud statute can be charged even if the scheme has continued within the period of limitations.

Question: What is "'In furtherance of the scheme''?
Answer: Just because the defendant "used the e-mail" in a scheme to defraud is not sufficient to convict him of mail fraud. The item must be'' in order to run'' or'' support'' of the system to defraud. There must be a logical connection between the regime and the specific mailing. In other words, the mailing should be part of the plot.

Question: What is the program to defraud
Answer: To prove a violation of section 1341, the government must prove that the defendant had the specific intent to defraud, not only of having participated in a scheme. The government must show the defendant's voluntary participation in a scheme with knowledge of the fraudulent nature and with the intent that the objectives to achieve illegal. The government will seek to prove that the defendant was a knowing participant in the scheme to defraud. In some cases, it is not difficult to prove intent to defraud, especially when the defendant has created the program. In other cases, the intent is less clear, but the government still must prove that the defendant participated in the program with knowledge of the fraud.

Question: If the scheme to defraud succeed?
Answer: No. All the government must prove that the defendant has engaged in fraudulent will carry a deprivation of money or property, and used the e-mail in support of the regime. For example, In United States v. Helmsley, the defendant was convicted of tax fraud and mail fraud based on the submission of false and fraudulent tax returns. The defendant argued that the convictions could not stand because the government failed to demonstrate that the taxes were actually due to the state. The judge for the Second Circuit in New York said that'' the absence of proof of taxes owed to the state of New York is irrelevant because the success of a system to defraud is not required.''

Question: Can I use the "Good Faith" Defense
Answer: Yes, if you can prove that the representations, although in fact false, were made without the intent to defraud. It is more than a sincere belief. Good faith is a complete defense, while an honest belief is not in itself a defense, but only one factor in the determination of good faith .......