Do I Need a Mail Fraud Defense Attorney?

 Posted on November 22, 2024 in Fraud

Mail fraud is a federal white-collar crime that carries heavy penalties. A person who involves a mail service when committing a crime can be charged not only with the crime but also with mail fraud, potentially increasing his or her sentence. The best way to protect yourself if you are facing mail fraud charges is to hire an Illinois federal mail fraud defense attorney. An experienced lawyer will thoroughly investigate your case and create a defense against the charges.

What Is Mail Fraud?

Mail fraud is when a person uses a postal service to commit fraud. There are four components to a mail fraud charge:

• The defendant had the intent to defraud someone.

• The fraud scheme involved making false statements or omitting important details.

• The scheme either caused someone a financial loss or would have caused a financial loss if the scheme had been completed.

• The defendant used a mail carrier to commit the fraud.

When Does Mail Fraud Become a Federal Crime?

Crimes become federal when they involve federal government property or cross state lines. Using the U.S. Postal Service for fraud satisfies both conditions because USPS is a federal agency and mail often passes through multiple states. Even if someone used FedEx or UPS, the fact that mail usually crosses state lines would likely make it a federal offense.

What Are the Penalties for Mail Fraud?

The penalties for mail fraud are severe. They include:

• Up to 20 years in prison

• A fine of up to $250,000

• Up to 30 years in prison and up to $1,000,000 in fines if the fraud affected a financial institution or involved a presidentially declared disaster

Someone convicted of mail fraud may also be required to pay restitution to the victim if there was a financial loss.

What Are Common Legal Defenses Against a Federal Mail Fraud Charge?

If you are facing a charge of mail fraud, your attorney might use any one of several legal defenses. For example:

• Lack of intent: Intent is a necessary ingredient in a mail fraud charge. The prosecution must prove beyond a reasonable doubt that you had intent to commit fraud. If you can bring the prosecutor’s argument into question, it could lead to a dismissal of charges.

• No scheme: Mail fraud requires that there be a fraud scheme. If your attorney can show there was no such scheme, it may result in reduced charges or a case dismissal.

• Mail was not used: Another main component of a mail fraud charge is that it must involve postal mail. If you can show that mail was not one of the media used, it may lead to reduced charges.

• Statute of limitations: The federal government has up to five years to file charges and up to 10 if the offense involved a financial institution or presidentially declared emergency. If the charges were filed outside of these time windows, you may be able to have them dismissed.

Contact a Chicago, IL Federal Mail Fraud Defense Attorney

At Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney, we offer our clients first-class legal representation against criminal charges. Attorney Hal Garfinkel is a former prosecutor with nearly 30 years of experience defending clients, making him uniquely capable of building a strong defense for you. Get a free consultation today with a Chicago, IL federal mail defense lawyer by calling 312-629-0669 now.