When someone is facing a conviction for mail or wire fraud, they could receive a severe sentence. There is also a chance it could not be imposed properly. Should someone receive a guilty verdict, their available next option is to consult with a legal professional concerning what is possible from the appeal process.
Mail And Wire Fraud
These are federal criminal offenses occurring within the United States. It involves individuals using wire communication or mail for illegal financial gain. There are various crimes that can be identified as wire or mail fraud and are also part of other federal crimes. This involves racketeering, fraud, money laundering, bribery, extortion, illegal kickbacks and more. The different types of fraud involve securities fraud, bank fraud, health care fraud and more. Mail fraud includes mail sent through an interstate postal service, public post service as well as a private interstate postal service. Fraud involving wire communication include television, wire as well as radio. A wire or mail communication can be identified as interstate when illegal information is received from a state different from where it was sent.
Individuals who receive convictions for wire and mail fraud are facing serious punishment. It could involve extensive fines, probation as well as jail time. It is possible for a person who is convicted of this crime to be sentenced for up to 20 years in prison. This could come with fines that total hundreds of thousands of dollars. It is also possible for a person’s sentence to be increased when other factors are involved. This includes the seriousness of wire or mail fraud offense as well as an individual’s criminal history and more.
Financial Loss Penalty Enhancement
A person found guilty of wire or mail fraud could experience a penalty enhancement based on the amount of financial loss by the victim of the fraud. Should a victim’s loss be over $5,000, the penalty enhancement will be increased by two. Should a victim’s loss be more than $10,000, the penalty enhancement will be increased by four. When a victim’s loss exceeds $30,000, the penalty enhancement will be increased by six. These penalty enhancements increase until a victim has lost over $400,00. This will be a 30 level increase.
Victim Penalty Enhancement
It is also possible for a person’s sentence for wire or mail fraud to be enhanced by the number of victims impacted. When there are ten people impacted, a sentence can be increased by two levels. When over ten people are impacted, a sentence can be increased by four levels, more than fifty people impacted, and the sentence can be increased by six levels.
Defrauding Financial Institution
Should a person be found guilty of using wire or mail communication to defraud a financial institution, they could be sentenced to as long as 30 years in prison and required to pay a fine of as much as $1,000,000. A financial institution is an organization that involves such business transactions as deposits, investments, loans and more. A conviction of wire or mail fraud involving a financial institution can cause the offense to automatically be risen by four levels.
Scheme To Defraud
When individuals participate in a plan designed to defraud another party, it is known as a scheme to defraud. With mail and wire fraud, the communication must be done with the intent to defraud as a way to obtain property or money. In order to obtain a guilty verdict, it is not necessary for a defendant to have put their scheme to defraud in motion. It is only necessary a prosecutor prove a defendant’s intent to engage in a scheme to defraud.
When someone is convicted of wire or mail fraud, they have the right to appeal it. The process involved with successfully filing an appeal for criminal wire or mail fraud is complicated. When done correctly, it can provide a convicted person with results that could forever change their life. The importance of handling such an appeal properly is increased by the significant fines as well as incarceration time that come with a guilty verdict.
When appealing a federal criminal conviction, it will require the help of an experienced legal expert. They will have the knowledge and history of writing successful appellate briefs. This type of attorney can present an effective argument to a panel of judges. They will know how to be persuasive as well as assertive on behalf of their client. These are attorneys who can help judges realize how their client’s rights were violated and more.