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Criminal Defense Lawyer in Orlando, FL

Mail and Wire Fraud Lawyer in Orlando, FL

Fraud schemes have become rampant in this digital age – especially communications fraud. Almost all schemes require some kind of communication, and rarely is that communication face-to-face. Mail and wire fraud, specifically, have seen a rise in popularity over the years, leading to increased apprehension attempts by state and federal authorities. But the wide nets they cast can often catch innocent bystanders, which is why it’s vital to seek legal counsel as soon as possible if you’ve been charged with any kind of fraud. Contact Hanlon Law in Orlando today to schedule a free consultation. 


What is Fraud?


Fraud, known legally as Schemes to Defraud, is when someone obtains property from another person or persons by false or fraudulent means. Florida Statute 817.034 notes three requirements in order for a situation to constitute fraud: 


  • You willfully attempted to defraud or otherwise dishonestly obtain property from another person or persons
  • You willfully mislead said person or persons with false or fraudulent promises, pretenses, representations, or other misrepresentations of a future act
  • You show a “systematic, ongoing” pattern of conduct


The inclusion of “willful” means a situation can only be considered fraud if you actually intended to commit fraud – meaning you acted with the conscious purpose to fraudulently obtain property. 


Fraud is divided into two categories: organized and communications. Organized fraud is when you successfully obtain property by fraudulent means. Communications fraud is when you communicate via phone, mail, or electronic means (text message, email, instant message, etc.) in the effort to commit fraud. 


It’s important to note that organized fraud is a single charge for the entire fraud endeavor, but communications fraud is charged per piece of communication. 


What is Mail and Wire Fraud? 


Both mail fraud and wire fraud are a subcategory of communications fraud. 


Mail fraud involves the use of either the United States Postal Service (USPS) or any other private or commercial interstate carrier (FedEx, UPS, etc.) to commit fraud. 


Wire fraud is committed when an individual seeks to commit fraud using wire, radio, or television communication. The federal government divides wire fraud several categories depending on certain aggravating factors:


  • General Wire Fraud: wire fraud using television, radio, or wire transmission across state lines or in foreign commerce
  • Disaster Event Wire Fraud: wire fraud committed in connection with any disaster event
  • Financial Institution Wire Fraud: wire fraud that targets or otherwise impacts financial institutions
  • Telemarketing Wire Fraud: wire fraud related to illegal telemarketing (especially those that target persons over age of 65)


What are the Consequences of Mail and Wire Fraud?


The sentences associated with mail and wire fraud charges depend on the value of the fraudulently-obtained property. General mail and wire fraud can lead to up to 20 years in prison, or some combination or prison time and probation, along with some hefty fines. 


If any aggravating factors are present (such as those listed above), the penalties increase significantly up to 30 years in federal prison and up to $1 million in fines. 


How to Defend Against Mail and Wire Fraud


The most common defense against any fraud charge is lack of intent. Unless the prosecution can show beyond a reasonable doubt that the defendant actually intended to commit fraud by their actions, they cannot secure a conviction. 


However, it’s important to note that, while mail and wire fraud must fulfill the intent requirement in order to constitute fraud, there is no requirement that the scheme be successful. That means the lack of any actual property obtained by the fraud scheme cannot be used as a defense, and failed attempts at fraud can still be convicted


Other possible defense strategies include:


  • The communication in question was not false or fraudulent
  • The false pretenses, representations, or promises in question were not a material fact (a fact that has the capacity or natural tendency to influence a person’s decisions and/or actions)
  • The communication was not made via mail or wire

 

Mail and Wire Fraud Defense Lawyer in Orlando


With possible jail time and significant fines on the line, it’s important to seek out the best possible defense attorney to help your case. At Hanlon Law, our team has nearly twenty years of experience in the business. With our aggressive approach and dedication, we’ll help you build  your best possible defense in order to secure the best possible outcome. Contact Hanlon Law today.

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