Mail fraud cases are rarely known, and if you ask around, you would realize very few people are aware of them because they are unlike other cases such as bribery known by almost everyone. Several people are wondering what mail fraud case involves precisely. Mail fraud cases might not seem as harsh as drug trafficking or money laundering, but they are typically listed alongside those charges.
Mail fraud is a popular case to many law firms, including Stronely Law, P.A. Read on to find more regarding mail fraud cases.
No Loss to the Defendant Is Required for Conviction
Mail Fraud cases are different from other cases that require evidence proving that the other party incurred loss in the deal. In mail fraud cases, there is no need to prove that anyone was hurt in the process, and the prosecutor also is not required to produce any victim. You may be planning to defraud a person, and the plan doesn’t go through; hence no one loses cash or is harmed, but you can still be convicted. It all comes down to whether a prosecutor can provide substantial evidence you tried to defraud a person using email. You need to understand just the intent to scheme anyone is required when dealing with such a case.
Big Federal Prosecution Deal With Mail Fraud Cases
Federal prosecutors get involved with mail fraud charges most of the time if the case is worth it for them. According to the Department of Justice, the minor mail fraud cases that involve less cash are sent to the local D.A’s office. Several federal agencies such as the FBI, Securities and Exchange Commission, United States Postal Service, and many more are the ones that do look for mail fraud. The Post Office has a duty of forwarding any suspicious mail to the United States Attorney General’s Office if they think a particular mail is being used to defraud.
Mail Fraud Schemes Can Be Creative
Using mail in any criminal activity is a crime. Some clever criminals use the mail service, and they have increased in number that the U.S. Postal Service listed them on their site. The crimes that are mostly tied to mail fraud and are listed by the Postal Inspector on the United States Postal Service website include telemarketing scams, phony sweepstakes, Ponzi schemes, and many more.
Federal Express and United Parcel Service Are Included in Mail Fraud
Mail fraud charges do not include international mail; however, that doesn’t include mailing something using the United States Postal Service. You need to understand if you send mail through a private mail carrier, you can be charged with mail fraud as well. It does not matter to the carrier involved if it is about federal mail fraud charges, as they do have to involve the mail being sent across state lines.
Defense to Mail Fraud Charges
It is no wonder anymore why prosecutors love mail fraud charges. You may be wondering how you can successfully defend against a mail fraud charge, right? You can argue a federal prosecutor does not have substantial proof. Firstly, you should understand the defense has the right to dispute the efforts of the prosecutor.
It is not always a fact that the evidence brought by the prosecutor is enough to prove his case. Thanks to defense attorneys’ expertise and knowledge, they can thoroughly review and analyze the case to find loopholes in any prosecution case, which will help you in your case.
You can defend mail charges by showing the defendant acted in good faith. If the intentions are pure, the defendant acted honestly; hence there is no need to be convicted. There needs to be proof showing it was an accident or other valid reasons for the court to believe the defendant is innocent.
The prosecutor cannot file mail fraud cases at any time they want as there is a statute of limitations to be followed. There is a time frame given that the prosecutor must file any mail scheme case. The deadline ranges between five to ten years, depending on whether it is under federal law or involves a financial institution. The defense can apply for a case dismissal if the prosecutor files the case after the deadline. The dismissal application of the defendant can be easily approved as the defense can argue the prosecutor is late on filing the charges; hence there is no need to continue with the case.