Mail or Wire Fraud
Any attempt to steal or fraudulently obtain monetary or financial substance would be considered illegal under State law and would usually be charged as a State offense. However, if you attempt to use a federal system such as the U.S. Post Office to commit a criminal act, then the offense will be tried at the federal level. Crimes that involve the U.S. Postal Service or using electronic communications in furtherance of criminal activity is known as mail or wire fraud according to federal law. Both of these charges are associated with harsh penalties and can include time in a federal prison.
Unfortunately, the statutes for both crimes have broad definitions. It’s also not unusual for either charge to be pursued on top of other underlying charges—meaning the defendant could be facing multiple counts at once. If you have been charged with mail or wire fraud, then it’s important you get in contact with Goldstein & Orr.
San Antonio Mail or Wire Fraud Attorney | Texas Federal Defense Lawyer
Seek legal representation as soon as possible if you’re facing federal charges of any sort including mail or wire fraud. Our attorneys at Goldstein & Orr represents clients charged with crimes in both State and federal court. With more than 70 years of collective experience, our firm can assist you throughout every phase of the case and ensure you receive the best outcome possible. We take a thorough and aggressive approach with every case, which is why we have an extensive track record of success throughout our years of practice.
Call Goldstein & Orr today at (210) 226-1463 to set up your first consultation. Goldstein & Orr has offices in San Antonio, but we accept clients throughout Bexar County and the whole of Texas including Converse, Leon Valley, Alamo Heights, Houston, Dallas, Castle Hills, Elmendorf, Austin, and more.
Is Mail Fraud a Felony?
Using public or private interstate mail carriers to carry out a scheme to defraud or further criminal activity is known as Mail Fraud. The crime is defined under the Title 18 U.S. Code § 1341 as any person having devised or intending to devise a scheme to obtain money or property by means of fraudulent or false pretenses through the United States Postal Office. That also includes any other authorized depository mail matter such as FedEx or the United Parcel Service (UPS).
In order to prove mail fraud, the prosecution will have to prove the following elements:
- The offender intended to commit a scheme to defraud
- This scheme involved material misrepresentation of facts or deception
- The offender’s intention was to defraud another person of money, property, or some type of services
- The offender utilized a mail service, whether public or private, to commit the crime
According to the U.S. Code, the penalties for the crime include a fine determined by the court and imprisonment for no more than 20 years. If the violation was in relation to, transported, transmitted, transferred, distributed, involving any benefit authorized, disbursed, or paid in connection with, a presidentially declared major disaster/emergency, or affects a financial institution, the penalties will be enhanced to a fine no more than $1,000,000 and imprisonment for up to 30 years.
Criminal Wire Fraud
Wire fraud is very similar to mail fraud except it involves electronic communications to commit a crime. The federal crime of wire fraud is defined under Title 18 U.S. Code § 1343, which states devising or intending to devise a scheme to artifice or defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, transmits, or promises by specified electronic communications is a crime. These communications include:
- Television communication in interstate or foreign commerce
- Any writings
The penalty for the crime includes a fine determined by the court and up to 20 years in federal prison. The court will enhance the consequences if they discover the crime was in connection to a presidentially declared major disaster/emergency, or it affects some type of financial institution. If these facts are uncovered, then the court will enhance the penalties to a fine of $1,000,000 and up to 30 years in prison.
Mail and Wire Fraud | U.S. Code – Visit the official website for the U.S. Code to learn more about Mail and Wire Fraud. Access the site to learn more about the elements of the crime, penalties, admissible defenses, and other related fraudulent offenses.
Phone, Mail & Fax Scams | Attorney General – Visit the official website of the Texas Attorney General to learn how to recognize and report phone and/or mail scams. Access the site to learn where one can file a consumer complaint, common scams, and penalties for committing these phone and/or mail scams.
Federal Mail and Wire Attorney, San Antonio TX | Bexar County
The extensive legal team at Goldstein & Orr fights to obtain the most favorable outcomes for clients all over the greater Houston area who have been accused of all types of deferral crimes. Their collective 70 years of practice reflects that. Contact them at (210) 226-1463 or simply submit an online contact form to set up your first consultation with one of their talented attorneys today. Consultations are free, and during that appointment one of our lawyers will answer all your burning legal questions.
Goldstein & Orr has offices in San Antonio, but practices throughout the State of Texas including Atascosa County, Austin County, Bexar County, Blanco County, Burnet County, Caldwell County, Colorado County, Crockett County, Frio County, Hays County, Kendall County, Live Oak County, Travis County, Williamson County, Bastrop County, and more.