Tampa Wire Fraud Lawyer | Mail Fraud Defense

Are wire & mail fraud federal crimes?

Both mail and wire fraud are white collar crimes that often are be prosecuted by federal officials. These fraudulent activities usually involve schemes which use deceptive means of communication for monetary gain. Because the United States Postal Service is a branch of the government, and because mail fraud often is committed across state lines, charges usually are levied by the feds.

Mail fraud

Mail fraud is considered to be a form of communications fraud in the state of Florida. It is defined as a scheme to defraud and falls under Florida Statute 817.034. A crime to defraud is defined as either a system of engagement designed to cause an ongoing course of fraudulent conduct, the intent to defraud or obtain property from one or more people, or the false or fraudulent pretenses or promised used to willfully misrepresent a future action. With cases of communications fraud, a person is willingly engaging in a scheme to defraud another person, group, institution, or financial service. This can be done by mail, telephone, or electronic means like email. Your Tampa mail fraud lawyer will explain exactly what you’re facing.

Possible penalties in Florida

Penalties for mail fraud will vary based on a situational basis. Generally, communications fraud is treated as a crime of either organized fraud, communications fraud or both. Organized fraud carries penalties of correlating values to the money stolen in addition to lengthy prison sentences. Communications fraud can carry steep fines and prison sentences as well, though generally sentencing is less for crimes that are committed via communications and have not been constructed as organized schemes.

Wire fraud

Wire fraud also is a communications crime in the state of Florida. While wire fraud may be prosecuted as a communications crime, it also may fall under its own U.S. code section. Wire fraud is penalized and prosecuted based on its definition in 18 U.S. Code Section 1343. If you have been accused of wire fraud, your offense will very likely be prosecuted in federal court. This is one of the reasons that having a qualified federal defense lawyer in Tampa is so important. Your Tampa wire fraud defense attorney will be able to help you protect your rights in two different court systems and may also help you avoid certain system penalties. Wire fraud is legally defined as devising, or intending to devise a scheme or artifice to in an attempt to defraud or obtain money by false pretenses, misrepresentations, or false promises.

Wire fraud involves transmitting or causing to be transmitted any “writings, signals, pictures or sounds” via wire (electronic device) for the purposes of executing the scheme or artifice. This means that schemes that are conducted over the telephone are considered to be acts of wire fraud. The definition of this crime is intentionally broad because advances in modern technology mandate flexible legal procedures in some areas. This is great for prosecutors, but defendants may find themselves being accused of more than they have actually done.

International fraud

International communications fraud may be conducted by mail or electronically. Fraud of this kind falls under the same definition of wire and mail fraud, but it also involves taking transactions out of state or to another country. International communications fraud is treated very seriously and prosecuted aggressively in federal court. Individuals who have been found to be involved in organized international communications fraud schemes may be facing decades in federal prison. Unfortunately, in some cases, innocent individuals may find themselves tied up in schemes like this unknowingly. A person may think that they have been hired as a telemarketer or call center personnel for a company only to find out that that company has been committing international communications fraud and they have been implicated in criminal activity. That’s just another reason retaining the right federal defense lawyer can be so critical to the outcome of your case.

How steep are the punishments?

Under state and federal statutes and codes, the penalties for wire fraud in and throughout Florida can be severe. Individuals may face steep fines and incarceration for up to 30 years for a single count of organized communications fraud or international wire fraud.

What are some possible defenses?

There are many possible defenses for mail and wire fraud charges. Your defense or mitigation strategy will vary based on your unique situation, so retaining a qualified mail & wire fraud attorney in Fort Pierce is really the only way that you can truly know what the possibilities will be. That said, there are a few ways that you may be able to defend yourself against allegations of this kind. If you have been accused of a scheme to defraud, you may be able to ask for proof that you intended to defraud anyone. If you did not have the intent to defraud, you may avoid certain charges. You may also be able to claim that instead of committing an organized scheme, you simply committed multiple thefts. Multiple small thefts carry smaller penalties than organized federal fraud schemes. You may also be able to take a plea bargain or prove your innocence using substantial and verifiable evidence. Your Tampa wire fraud lawyer (or mail fraud attorney in Tampa) will help you construct a viable defense or mitigation strategy.

Let us start fighting for you today

If you have been accused of a serious communications crime in Tampa, Hillsborough County or elsewhere in Florida, time is of the essence. Joffe Law, P.A., has the skills and expertise needed to help you protect your rights and defend your freedom.