A charge of fraud can have serious ramifications; however, if the fraud allegations involve the crossing of state lines or spans beyond the state of Texas, it will be treated as a federal offense.
Often, fraud charge will have wire and mail fraud charges added. In fact, many white-collar crimes will include the added charge of wire and mail fraud because the mechanisms involved in the fraud allegation, specifically the means of communication, crossed state lines. Thus, it is relatively rare to not have these added to a fraud charge.
Understanding wire and mail fraud
The best way to define mail and wire fraud is to break the criminal charge down into parts. First, there is fraud. This is described as the intentional use of deception for monetary or personal gain. Next, there is wire, which refers to any form of telecommunication. Examples include phone, fax, text, radio, television, internet and the like. Finally, there is mail. This involves the U.S. postal services.
Mail and telecommunication methods are considered instruments of interstate commerce. As such, if they are a component of a fraud charge, it is likely that a charge of mail fraud, wire fraud or both will be added.
Defense options
When determining your criminal defense options, it is important to fully understand the charges you face. This can help establish the elements of the crimes and what must be proven by the prosecution. To begin, you could assert that no fraudulent activity occurred. Or, if the fraudulent activity is proven, you could claim that someone else’s conduct was fraudulent.
Because intent is an element of a fraud charge, you could assert the defense that no criminal intent was involved. A mistake or an error due to improper actions does not rise to the level of criminal intent.
For most criminal defense actions, presenting claims of evidentiary issues is a possible defense. This method attacks how evidence was handled by law enforcement, how evidence was developed by the prosecution or the like could help with evidence suppression. This could result in the dismissal of charges due to the lack of evidence.
The criminal consequences for wire and mail fraud can be severe, making it imperative that you take these allegations seriously. A legal professional can help you understand your defense options, helping you make a timely and effective defense.
