Contact Kuniansky & Associates Defense of a Federal Wire Fraud Case What to do if you are Arrested or Contacted by Law Enforcement |
Mail Fraud:
Mail fraud refers to any scheme which attempts to unlawfully obtain money or valuables in which the postal system is used at any point in the commission of a criminal offence. Mail fraud is a legal concept in the United States Code which can provide for increased penalty of any criminally fraudulent activity if it is determined that the activity involved used the United States Postal Service. As in the case of wire fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law. Prosecution under the mail fraud statute must be proven beyond a reasonable doubt:
- That the statement is false;
- That it was made with the intention it should be relied on;
- That it was made for the purpose of securing money or property;
- That the statement was delivered by mail;
- That money or property was obtained by means of the false statement.
Wire Fraud:
Wire fraud is a legal concept in the United States Code which provides for enhanced penalty of any criminally fraudulent activity if it is determined that the activity involved electronic communications of any kind, at any phase of the event. As in the case of mail fraud, this statute is often used as a basis for a separate federal prosecution of what would otherwise have been only a violation of a state law.
The crime of wire fraud is codified at 18 U.S.C. § 1343, and reads as follows:
- 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, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
Richard Kuniansky
952 Echo Lane, Suite 180
Houston, TX 77024
Phone: 713.622.8333
Fax: 713.461.8186
ADDITIONAL LEGAL INFORMATION PORTALS FOR KUNIANSKY & ASSOCIATES:
Drug Trafficking Legal Defense
Immigration Fraud Legal Defense
Mail & Wire Fraud Legal Defense
Money Laundering Legal Defense