Mail Fraud Charge or Arrest in New York
One of the oldest forms of white collar crime in the United States is mail fraud. Federal statutes have been on the books regarding this crime for more than 100 years, and these statutes have gone largely unchanged over time. Mail fraud is almost always a federal crime, as those accused of this act use the United States postal service to further their efforts.
Mail fraud can also carry heavy punishments upon a conviction, and federal judges are generally bound by sentencing guidelines when it comes time to hand out the punishment associated with a conviction. If this describes your situation, you need to act as soon as possible to begin building your defense. Contact our legal firm today to schedule an initial consultation. In the meantime, below is a brief overview of mail fraud.
Mail Fraud Defined
Federal statutes define mail fraud as "a scheme or artifice to obtain money or property by false or fraudulent pretenses through the mail." This statutory language leaves much room for application by federal investigators and prosecutors, and that's likely not an accident, as mail fraud is one of the 'catch-all' laws available to bring a generally known criminal or criminal enterprise to justice.
There are specific actions that fall within the realm of mail fraud, and these actions can be charged as crimes by themselves. Examples of these actions include:
- Bribery
- Embezzlement
- Theft
- Corruption of Corporate Officials
- Corruption of Government Officials
- Multi-level Marketing Schemes
- Securities Fraud
Potential Punishments for Mail Fraud
Mail fraud, if charged in federal court, will be punished harshly if the defendant is convicted. Some sentences can vary based on the following factors:
- Length of time the scheme was in operation
- Number of people or parties defrauded
- Amount of money/property fraudulently obtained
- Conviction history of defendant
Generally, federal statutes allow for a convicted defendant to be fined heavily for any offense that draws a conviction and to be incarcerated for up to 20 years in federal prison. This means that a defendant will serve nearly that amount of time, as federal prisons generally do not offer much leniency in regards to early releases for good behavior.
As stated earlier, mail fraud is a statute that's designed not only to deter would-be criminals from committing mail fraud, but also to provide law enforcement with another tool to arrest, prosecute and punish those who use the overt act of mail fraud to further some other criminal interest. What this means is that if you are facing any sort of mail fraud issue with the government, the ultimate indictment could entail more than just the surface-level mail fraud charges.
As you see, mail fraud is a serious charge. If you face this situation, contact the Blanch Law Firm immediately to schedule an initial consultation.
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