DALLAS MAIL FRAUD DEFENSE ATTORNEY
Have you been CHarged with mail fraud and need the best mail fraud defense lawyer?
If you have been accused of mail fraud, there are a few essential steps you should take that can help you get through this situation. The first is to read further to get more information on the details of the charge, the possible consequences, defenses, and next steps. At any time, however, it is critical that you make a call to Gallian Firm, an experienced, award-winning mail fraud lawyer who will help you navigate the next steps and fiercely defend you in any pending charges, at the state or federal level.
First, here is a bit more about what you need to know about mail fraud.
What IS Mail FRAUD?
IS THERE A STATUTE OF LIMITATIONS AS TO WHEN MAIL FRAUD CHARGES HAVE TO BE FILED?
Yes. With some exceptions, offenders can be tried up to five years after the act has been committed.
If the mail fraud impacts or involves a financial institution, the statute of limitations can be 10 years.
HOW DOES THE STATE OF TEXAS ASSESS MAIL FRAUD?
Texas Mail Fraud Laws refer to general mail fraud as any fraud that works through USPS, UPS, or FedEx carriers.
What Are the FEDERAL Penalties for Mail Fraud?
There are potentially severe penalties if you are convicted of mail fraud. It is a crime against the federal government so subject to federal sentencing guidelines.
The penalties for mail fraud vary greatly based on the unique circumstances of each case. This is because generally other crimes are also involved.
In the least severe circumstances, mail fraud convictions carry up to 20 years in federal prison. Sentencing increases significantly when other elements are present. You could face up to 30 years behind bars and 1 million dollars in fines if, for example, a financial institution is impacted by your crimes.
What is the law that governs mail fraud in the us?
Title 18 of the United States Code Section 1341 is the law that provides the definition of mail fraud.
The section reads: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
How Can a mail fraud defense lawyer Fight mail fraud CHARGes?
The prosecution will need to prove beyond a doubt that you knowingly and willing committed mail fraud . Prosecutors will be required to demonstrate that your false statements and/or other fraudulent acts were committed with the intent to deceive and that damages resulted from these actions, and that the USPS was used to some extent in the commission of these fraudulent acts. This is not a low bar to prove.
A mail fraud defense lawyer like Gregg Gallian of Gallian Firm LLC will create a powerful defense strategy that creates reasonable doubt. Several strategies may be utilized that a criminal defense attorney with experience will know how to use effectively.
Strong Defense Strategies for MAIL FRAUD INCLUDE:
- Innocent Mistake
- Lack of Intent
- Coercion
Which of these strategies would be the most effective will depend on the unique factors in your case.
The prosecution will need to prove beyond a doubt that you knowingly and willing committed mail fraud . Prosecutors will be required to demonstrate that your false statements and/or other fraudulent acts were committed with the intent to deceive and that damages resulted from these actions, and that the USPS was used to some extent in the commission of these fraudulent acts. This is not a low bar to prove.
