Defending Mail and Wire Fraud Charges

Mail and wire fraud are federal crimes that can result in prison time and fines of more than one million dollars. You may need an experienced attorney.

1366704236nf29oDespite the modern methods of communication that we use today, the laws regarding the misuse of such modes of communication remain relatively archaic. It is easier than individuals think to find themselves ensnared in the web of the justice system, grappling with the vague statutes that define mail or wire fraud.

Mail fraud occurs when an individual or entity defrauds another through use of a postal service, typically for the purpose of wrongful financial gain. Because the postal service is part of the federal government, mail fraud is a federal crime. While this crime can be committed against individuals, businesses, the government, and financial institutions, there are only two requirements prosecutors need to meet, to charge you with mail fraud:

  1. The defendant must in some manner have planned to defraud others.
  2. The mail must have been used to engage in that fraud.

The statute addressing mail fraud is purposefully ambiguous, giving prosecutors a great deal of discretion in how they interpret the statute. This poses an issue for any defendant charged with this crime. Discretion is employed by prosecutors to pursue the charges as they see fit, and while the law itself remains ambiguous, the penalties are anything but.

Wire fraud has been established as a crime because of advancements in modern communication. The main difference between wire fraud and mail fraud is that wire fraud charges are related to fraud perpetuated by the use of a telephone, interstate wires, or the internet, rather than the postal service. Also a federal crime, wire fraud requires that the defendant voluntarily engaged in the attempt to defraud another and doing so with the intent of defrauding others. Additionally, the defendant must have had knowledge that wire communications would be used to perpetuate the fraud, and that wire communications were in fact used for the purpose of the crime.

Ambiguous statutes, such as those involving mail and wire fraud, can be used to the advantage of prosecutors, who have enormous leeway in the scope of their investigations and the types of charges they bring. What makes these crimes even more alarming is that the punishment for both mail fraud and wire fraud are severe. If convicted of mail fraud or wire fraud, you could face up to 20 years in prison and be required to pay restitution and fines. If the charge involves defrauding a financial institution, the fine could be as extensive as $1,000,000, and defendants can face up to 30 years in prison.


 

Mail and wire fraud, as loose as the legal statutes are, have serious consequences for those who are accused and convicted. If you have been charged with any kind of mail or wire fraud, you need a knowledgeable criminal defense attorney who is experienced with federal law and federal criminal defense. The procedure, rules of evidence, and investigation periods all differ from state law, so an experienced federal criminal defense attorney is essential. For more information and a free consultation, please contact Jeff Hastings.

Have You Been Charged with Federal Drug Crimes?

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law.

159HWhile Ohio law enforcement authorities have enforcement responsibility for many of the crimes that occur within our state, our justice system is also overseen by the federal government. And while there has been much discussion about the decriminalization of marijuana at the state level, the possession, distribution, or production of marijuana and many other drugs, including meth, cocaine, LSD, and heroin, can result in federal drug crimes and charges.

State and federal agencies will sometimes work together to determine whether a person accused of drug-related crime should be charged either at the state or federal level, and the penalties for violating federal drug laws are often far more serious than state penalties. If you have been charged with federal crimes related to possession, distribution, or trafficking of drugs, you need an experienced criminal defense attorney at your side. Many convictions for violating federal drug laws carry a mandatory sentence and jail time is often longer. And, if it is not your first drug or drug trafficking offense, the penalties – should you be convicted – can often be dire.

Federal Drug Charges

The most common reason someone is indicted on a federal drug charge, rather than at the state level, is because large amounts of drugs were involved and those drugs were transported from other states and/or countries to Ohio. So, you can still be charged at the federal level without ever stepping foot outside Ohio.

Types of Federal Drug Charges

If you are charged by the federal government on drug-related crimes, the charges are similar to those types of charges you would face at the state level:

  • Drug possession
  • Drug trafficking
  • Drug manufacturing
  • Conspiracy to commit drug trafficking or manufacturing

Penalties for Federal Drug Crime Convictions

If you are convicted of a federal drug crime, your sentence will likely depend on the amount of drugs you were convicted of and your criminal history.  Other factors that can increase your sentence are whether anyone died as a result of your actions, whether you were in possession of a weapon, and whether you have any previous similar convictions. The manufacture, possession and/or trafficking of drugs in large quantities (more than a kilo of cocaine, more than 10 grams of LSD, more than 50 grams of meth, or more than 1,000 kilos of marijuana) result in a minimum 10-year sentence, up to life in prison. Crimes related to smaller drug amounts may still carry minimum sentences of five years up to 40 years. Any drug crime resulting in death or injury to others can result in a 20-year-minimum sentence. Fines can also be in the millions of dollars.

What to Do If You Are Arrested for Federal Drug Crimes

Prior to your preliminary hearing, you should retain an experienced criminal attorney. You will be in custody until the preliminary hearing. The federal government only has to prove probable cause at the preliminary hearing, so your case is unlikely to be dismissed at this point, but your best bet for being released until the case is heard is by having an attorney who can argue for your ability to post bail until you go to court. Your attorney can help you:

  • Demonstrate ties to the community
  • Provide character witnesses
  • Minimize the severity of the charges
  • Assure the judge you have a place to stay
  • Assure the judge you are able to stay away from criminal influence

If you have been charged with any kind of federal drug charge, you need an experienced criminal defense attorney who is experienced with federal law. The procedure, rules of evidence, and investigation periods all differ from state law, so an experienced federal criminal defense attorney is essential. For more information and a free consultation, please contact Jeff Hastings, experienced Criminal Defense Attorney.