The flip side of this is that serious wire and mail fraud charges can result in possible sentences of up to 30 years in prison and millions of dollars in fines and penalties upon conviction.
Mail fraud is often connected to other crimes
Because wire and mail services are often used to commit other crimes, a person who is being charged with crimes such as theft, embezzlement, receipt of stolen property and other similar offenses can also often times be charged with mail fraud. This can also hold true in instances such as fraudulent medical billing and attorneys who mishandle client’s investment funds breaching their fiduciary duty.
In some cases, prosecutors will often seek mail and wire fraud indictments against defendants when they do not have enough evidence to make other charges stick.
Defenses against mail fraud charges
Depending on the circumstances of a case, a mail fraud defense attorney may be able to employ one or more of several defenses, some of which include:
A good faith defense can be used when it can be shown that the defendant lacked any intent to defraud. However, an honest belief in the success of something does not negate any false representations that a person might make.
A lack of authority defense can be used when an employer or a higher authority makes another individual commit mail fraud, and a prosecutor attempts to transfer that to an individual employee committing fraud.
Puffing is a defense that can be used when attempting to prove that misrepresentations were merely statements of opinion or expressions that something was valuable or at a bargain. This defense often relies on the level of exaggeration involved in the case.
There are many other defenses as well, and which ones are used will depend on the circumstances of an individual case. Regardless of the type of defense to be used, it is best to seek the counsel of an experienced mail fraud attorney to craft a specific and effective defense if you find yourself facing these types of charges.
The Law Office of Ginger Kelley serves clients in Newport Beach, Santa Ana and communities throughout Orange County, California.