Cape Coral Mail & Wire Fraud Defense Lawyers
At Foley & Wilson Law Firm, our seasoned legal team combines a rich background as a former federal prosecutor and FBI Special Agent with over 45 years of experience in federal criminal law to offer strategic insight and excellence into federal criminal defense, including complex areas like Federal Mail and Wire Fraud. We focus on providing our clients with the highest level of professional representation aimed at achieving a favorable result in any given circumstance. Get the help you need by contacting our experienced Cape Coral mail & wire fraud defense lawyers today.
The Serious Nature of Federal Mail and Wire Fraud Laws
Mail and Wire Fraud are significant allegations in the U.S. criminal justice system, governed primarily by two statutes in the United States Code: 18 U.S.C. 1341 and 18 U.S.C. 1343. These laws target fraudulent schemes executed through the mail or electronic communication. Understanding the intricacies of these statutes is crucial for a robust defense.
Mail Fraud (18 U.S.C. 1341)
Mail Fraud involves the use of the postal system as a medium to commit a fraudulent scheme. To secure a conviction, the prosecution must demonstrate:
- Intent to Defraud: The accused had a specific intent to deceive or cheat, typically for financial gain.
- Material Misrepresentation: False or misleading information was used as a core component of the fraud.
- Use of the Mail: The U.S. postal service or a private or commercial interstate carrier was used to facilitate the fraud.
Wire Fraud (18 U.S.C. 1343)
Similar to Mail Fraud, Wire Fraud involves executing a fraudulent scheme through electronic communication. The key elements include:
- Intent to Defraud: A deliberate intention to deceive others.
- Use of Electronic Communications: Utilization of wire, radio, or television communication in interstate or foreign commerce.
- Material Deception: Relaying or transmitting materially deceptive or false information.
Penalties for Conviction of Mail or Wire Fraud
The consequences of a conviction can be severe and life-altering, including fines and imprisonment. Both Mail and Wire Fraud convictions can lead to significant prison sentences, often up to 20 years. Convicted individuals may also face substantial fines, potentially reaching hundreds of thousands of dollars. In addition, courts may order the payment of restitution to victims.
Our defense strategy at Foley & Wilson Law Firm is tailored to each client’s unique situation. Common defenses include:
- Lack of Intent to Defraud: Arguing that the accused did not have the specific intent to deceive.
- Good Faith: Demonstrating that the accused believed in good faith that the information or representations were true.
- Insufficient Evidence: Highlighting the lack of sufficient evidence to meet the prosecution’s burden of proof.
At Foley & Wilson Law Firm, we treat each client with the dignity and respect they deserve. Our team’s extensive experience in the federal criminal justice system as both criminal prosecutors and defense lawyers provides us with a unique perspective and an edge in federal criminal defense. We are committed to delivering a high degree of skill and professionalism, ensuring our clients in Cape Coral and beyond receive the best possible defense against serious allegations like Federal Mail and Wire Fraud.
Contact Foley & Wilson Law Firm for Defense Against Mail and Wire Fraud Charges in Cape Coral
Facing federal mail or wire fraud charges can be daunting. If you or a loved one is confronted with such allegations, contact Foley & Wilson Law Firm for a confidential consultation. Our expertise in federal criminal defense can make a significant difference in your case.