New york city mail fraud lawyer
Mail fraud encompasses a multitude of crimes, almost always financial in nature, involving the making of misrepresentations or false statements in order to obtain a benefit. While the federal criminal code contains many specific fraud statutes, such as securities, bank, insurance, mortgage and health care fraud, virtually all fraud cases may be charged under the generic mail fraud and wire fraud statutes. These statutes give the federal courts jurisdiction in almost all fraud cases by making the use of the mails or interstate wire, radio or television communications to further a scheme to defraud federal crimes.
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The use of the mail may be incidental to the scheme. Their use is simply a jurisdictional "hook" to make the offense federal. Mail fraud cases tend to be more complex than run-of-the-mill street crime prosecutions and frequently involve huge numbers of documents. Typically, such cases require a great expenditure of time in trial preparation. Fortunately, computer technology, particularly search engines, can cut down the amount of time required to organize and analyze the huge volume of documents used to prove fraud cases. Nevertheless, the defense of mail fraud cases can be very expensive. Where big firms are retained to represent such defendants, the fees and expenses will frequently be huge, sometimes topping a million dollars!
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In spite of their apparent complexity, the root issue in fraud cases is always whether or not the defendant knowingly engaged in a scheme to substantially mislead a business or person in order to obtain money. Such a scheme can simply involve the failure to disclose materially significant information. Mail fraud is rampant, and only a tiny percentage of incidents of fraud are prosecuted. A very large percentage of loan applications, for example, may contain false representations, such as inflated income or asset value. Part of the defense lawyer's responsibility is to analyze the facts before indictment with a view to persuading the prosecutor that the case is unworthy of criminal prosecution. In many instances, a thoughtful pre-indictment presentation can result in a non-criminal disposition or in no action taken against the defendant at all.
For more information on mail fraud:
- United Stats Postal Inspection Service
- USPS Maul Fraud Complaint
- Mail Fraud Information
- US Code Mail Fraud
If you or someone you know has been accused of mail fraud or any other kind of fraud, contact New York Criminal attorney Jon Marks for your initial free consultation as soon as possible for experienced legal assistance.