Defending Against Federal Mail and Wire Fraud Charges in NYC

Defending Against Federal Mail and Wire Fraud Charges in NYC

Getting charged with federal mail or wire fraud can be really scary. These charges carry serious penalties like prison time and big fines. But there are ways to fight the charges with an experienced criminal defense lawyer on your side. This article will walk you through how these charges work and what defenses you can use in court.

What is Federal Mail and Wire Fraud?

Mail and wire fraud laws make it illegal to use the mail, email, phone calls, or other communications to carry out a scheme to defraud someone. For example, you could get charged for:

• Sending false invoices in the mail to trick someone into paying you money
• Making phone calls with fake threats to scare someone into giving you money
• Emailing phony investment materials to get investors to give you money based on lies

There’s a long list of schemes that could lead to federal fraud charges. The key is that you knowingly participated in a plan to lie or mislead someone for financial gain or to cause harm.

Penalties for Federal Mail and Wire Fraud

These charges are felonies, which means very serious penalties if convicted:

• Up to 20 years in prison
• Fines up to $250,000 for individuals or $500,000 for organizations
• Probation and restitution

The penalties can go even higher if the scheme targeted vulnerable victims like older adults or charities. Or if the fraud was over $1 million.

How Prosecutors Prove Mail and Wire Fraud

To win a conviction, federal prosecutors need to prove these key elements beyond a reasonable doubt:

1. You knowingly participated in a scheme to defraud someone out of money or property
2. You acted with intent to defraud
3. You used mail, phone calls, email, or other communications to carry out the scheme
4. The communications crossed state lines or involved interstate carriers like FedEx

The evidence will focus on the specific communications like emails, letters, phone records, and bank statements. The prosecution will use these to try to prove you made false statements as part of a bigger fraud scheme.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Common Defenses Against Mail and Wire Fraud Charges

There are a number of legal defenses a skilled lawyer can use to fight federal fraud accusations, for example:

You didn’t intend to defraud anyone

If there’s evidence you acted in good faith without intent to mislead, this could defeat the charges. For example, maybe you reasonably relied on financial records you were given or made a mistake in invoicing. Your lawyer can argue you lacked criminal intent.

The communications were truthful

If your lawyer can show the emails, phone calls, letters, etc. did not contain false statements or lies, this can fight the charges. The communications have to be materially fraudulent, not just exaggerated sales puffery.

You made no false statements

Similarly, if you did not personally make any false claims in the communications, you may not be criminally liable even if others committed fraud. Your lawyer will scrutinize the evidence to see if you actually lied or misled anyone.

The “victims” weren’t actually misled

If the supposed victims were not really fooled and acted voluntarily, there may have been no real fraud. Your lawyer can argue they were willing participants not actually tricked.

You withdrew from the scheme

If you can show you withdrew from the fraud scheme or made efforts to stop it before it caused any harm, this can help fight the charges. It’s evidence you did not intend or participate in deceiving anyone.

Violation of your rights

If there were any violations of your rights during the investigation, like illegal searches or lack of Miranda warnings, your lawyer can seek to suppress evidence and weaken the prosecution’s case.

Why You Need an Experienced Federal Fraud Lawyer

Don’t take chances with your future. These complex cases take skill to win. A top fraud defense lawyer will:

• Thoroughly investigate the allegations and evidence
• Look for illegal actions by investigators
• Find weaknesses in the prosecution’s case
• Develop defense strategies tailored to your situation
• Negotiate with prosecutors for reduced charges or dismissal
• Suppress evidence if your rights were violated
• Obtain expert witnesses to rebut the prosecution’s experts
• Aggressively defend you in court if necessary

In New York City, you need an experienced local lawyer familiar with federal prosecutors and courts. Don’t go it alone against the power of the government. Hire a tough NYC federal criminal defense lawyer to fight for you.

With an aggressive legal defense, many of these complex fraud cases can be won, charges reduced, or penalties minimized. Don’t wait to get experienced legal help on your side.

References

US Department of Justice
18 U.S. Code § 1343. Fraud by wire, radio, or television
Trump’s Business Practices Violated New York Fraud Laws, Lawsuit Contends
Manhattan U.S. Attorney Announces Wire Fraud Charges Against Frank DiPascali, Former Senior Trader At Bernard L. Madoff Investment Securities