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Defending Federal Mail Fraud Charges
Defending Federal Mail Fraud Charges
If you’re on our website, it’s likely because you’re facing a federal mail fraud charge—or you suspect you’re under investigation. We understand that, and take this very seriously. If you’re on our website, it’s because you’re in legal trouble – and need the best criminal defense attorney. At Spodek Law Group, we have over 50 years of combined experience handling criminal defense matters nationwide. Spodek Law Group is known for providing the best possible customer service. Our mission is to provide you with the best possible legal representation, regardless of where your case is in the USA, or the situation you’re dealing with, or the stage of the case, we can help you.
What Is Federal Mail Fraud?
Mail fraud is something our team has experience dealing with as part of the toughest legal issues nationwide. Federal law, specifically 18 U.S.C. § 1341, makes it a crime to devise or intend to devise any scheme to defraud another—and use the U.S. Postal Service, or a private carrier, to carry out that scheme. Because using the mails typically crosses state lines, the federal government claims jurisdiction. It means you’re facing the Department of Justice. If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case.
Key Elements Prosecutors Must Prove
Below is a breakdown of key elements prosecutors need to prove:
| Element | Explanation |
|---|---|
| Scheme to Defraud | A plan aimed at deceiving someone out of money, property, or services. |
| Intent to Defraud | The government must show you acted with specific intent to cheat or deceive. |
| Use of Mails | There must be evidence that the U.S. Postal Service or a private carrier (FedEx, UPS) was involved. |
| Material Misrepresentation | The misstatement or false promise must be significant enough to influence the victim’s actions. |
Potential Penalties
Federal mail fraud charges can lead to federal charges if you’re convicted. Typically, you can face up to 20 years in prison, and higher sentences—up to 30 years—if the fraud involves a financial institution or a declared disaster. Besides prison time, you can face financial penalties, restitution to victims, probation, and other possible consequences (like losing professional licenses or having trouble finding housing or employment in the future).
Common Penalties
Below is a table summarizing some of the most common penalties:
| Type of Penalty | Details |
|---|---|
| Prison Sentence | Up to 20 years; up to 30 years if financial institutions or disaster-related fraud is involved. |
| Fines | Could range from thousands to millions, depending on the alleged fraud’s scope. |
| Restitution | You might have to repay victims for their losses, sometimes in very large amounts. |
| Probation | You could face strict conditions once released, limiting your freedoms. |
Taking the Next Step if You’re Charged
When you reach out to our criminal defense law firm, the process of working with us begins with a risk-free consultation. Our only objective is to get the case against you dismissed, or significantly diminished.
State vs. Federal Jurisdiction
Many people wonder if they can face both state and federal charges for the same conduct. Under the doctrine of dual sovereignty, if your alleged misconduct violates both federal and state law, you could face two prosecutions. The Double Jeopardy Clause prevents repeated prosecutions by the same government entity for the same offense, but it doesn’t stop separate sovereigns from filing their own charges.
How We Coordinate Your Defense
At Spodek Law Group, we understand that, and take it very seriously. Our team has experience dealing with some of the toughest legal issues nationwide. We have over 50 years of combined experience, and our goal is to provide you with the best possible legal representation at all stages of your case.
Roleplaying Different Defense Scenarios
Scenario: Lack of Intent to Defraud
Regardless of the situation you find yourself in, you own a small online storefront and use USPS for shipments. Your business partner, without your knowledge, includes misleading marketing materials or artificially padded invoices. Prosecutors claim you mailed false promises or statements, accusing you of mail fraud. We might build a defense that you lacked any fraudulent intent.
Strategy
We investigate your role, showing you had no idea your business partner engaged in wrongdoing.
Legal Citation
In Neder v. United States, 527 U.S. 1 (1999), the Supreme Court highlights the importance of intent and material misrepresentation in fraud cases.
Outcome
If we can show there was no willful intent on your part, charges might be dismissed or drastically reduced.
Scenario: Good Faith Reliance on Expert Advice
Sometimes, you rely on an accountant, lawyer, or business advisor to ensure everything you mail is legit. Later, you learn that your “expert” gave you inaccurate guidance, which is something we take very seriously with the federal government.
Strategy
Prove you truly believed your actions were lawful because you consulted with a professional.
Importance
This defense can negate the “willfulness” needed for a fraud conviction.
Possible Result
If the government sees that you were misled just like everyone else, they may either drop the charges or extend a favorable plea offer.
Scenario: Entrapment by Federal Agents
Federal law enforcement might lead you to commit acts you never intended—like encouraging you to mail fraudulent documents to an undercover agent.
Strategy
Show that the government induced you, and you weren’t predisposed to commit fraud.
Legal Background
Under Jacobson v. United States, 503 U.S. 540 (1992), if you wouldn’t have committed the crime but for government persuasion, entrapment could apply.
Outcome
Demonstrating entrapment can get your charges dismissed.
Scenario: Mistaken Identity or Insufficient Evidence
Mail fraud schemes often involve multiple individuals. You might be inadvertently linked to a scheme because your name appeared on a mailing label, or you processed shipments without any knowledge of the actual contents.
Strategy
Undermine the government’s evidence by revealing weak links between you and the alleged scheme.
Legal Standard
Under In re Winship, 397 U.S. 358 (1970), the prosecution must prove guilt beyond a reasonable doubt.
Likely Outcome
We focus on pointing out gaps in the prosecution’s proof, which can result in a not guilty verdict or full dismissal.
Federal Sentencing Guidelines
If the government moves forward and you’re found guilty, federal sentencing guidelines come into play, especially §2B1.1 for fraud offenses. Judges will examine factors like the amount of loss, number of victims, and your role in the offense. If prosecutors allege a financial loss, you’ll face tougher sentencing recommendations. We work very hard to get our clients the outcomes they need by showing that prosecutors overstated losses or your role.
Sentencing Factors
| Factor | Potential Impact on Sentence |
|---|---|
| Amount of Loss | Greater loss typically increases the recommended sentence. |
| Number of Victims | Multiple or “vulnerable” victims can lead to enhancements. |
| Role in the Offense | Being labeled an organizer or leader can drastically increase penalties. |
| Acceptance of Responsibility | Cooperation (if appropriate) might reduce your offense level by up to three points. |
| Prior Criminal History | Repeat offenses result in higher sentencing ranges under the guidelines. |
Mitigating These Factors
We explore every option to mitigate these factors. Even if you made a mistake, it doesn’t mean you’re automatically facing charges. Our approach is to protect your rights, minimize penalties, and we are available 24/7, to provide a risk free consultation.
Parallel Proceedings
Mail fraud allegations sometimes spark investigations by federal agencies like the SEC or the Consumer Financial Protection Bureau. These agencies might file civil charges or enforcement actions parallel to your criminal case. Our law firm has offices throughout Long Island NYC. Our team has experience dealing with some of the toughest legal issues nationwide. We have over 50 years of combined experience, and we can address both civil and criminal aspects of your case.
Who We Are
Spodek Law Group, is a premier, and award winning, New York / Federal criminal defense law firm. Our goal is to provide you with the best possible legal representation at all stages of your case. At Spodek Law Group, we focus on only working with clients who we can truly help. That’s why we offer a risk-free consultation—so we can learn about your situation and decide if we’re the right fit.
Our Digital Portal
We are one of the few law firms in the country that has a completely online digital portal – which means all communications, invoicing, submission of documents, and access to confidential information can be done completely virtually. Because of this, we’re able to service clients nationwide, coast to coast, successfully.
Our Step-by-Step Defense Approach
When we represent you, we begin by thoroughly examining all evidence related to your case. We look for any inconsistencies and possible violations of your constitutional rights. Many of the cases we’re famous for handling – are cases that others say were unwinnable. Our only objective is to get the case against you dismissed, or significantly diminished.
Our Multi-Step Approach in Detail
Below is a quick overview of our multi-step approach:
| Step | Objective |
|---|---|
| Initial Review | We collect all documentation related to your case and form an initial strategy. |
| Evidence Examination | We review all evidence, searching for legal or procedural flaws in the prosecution’s claims. |
| Motion Practice | We file motions to dismiss defective indictments or suppress improperly obtained evidence. |
| Negotiations | We discuss potential plea bargains, but only if it’s in your best interest. |
| Trial Preparation | If necessary, we gear up for trial, building the strongest possible defense on your behalf. |
Communication and Availability
We believe in open dialogue with every client. We are available 24/7 to help you.
When to Contact Us
If you or a loved one is being investigated for mail fraud or has already been indicted, contact our office right away. We encourage you to take this opportunity to ask the tough questions you have.
Why Choose Spodek Law Group
At Spodek Law Group, we specialize in federal criminal defense. We have a roster of attorneys who have been interviewed by many major news outlets, like FOX News, NY POST, and others. If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case.
Your Options
If you’re accused of a crime, and arrested, it’s important to hire an NYC criminal lawyer to help you. Our attorneys have over 50 years of combined experience, and we encourage open dialogue so we can understand your situation. We invite you to schedule a consultation with us. We’ll walk you through your options.
We’re Here to Help
We are available 24/7, to provide a risk free consultation. We can help you. If you’re looking to hire a criminal defense attorney, it’s likely the Spodek Law Group is on your radar – and capable of winning your case.