Related Charges in Fraud Investigations
Experienced Mail Fraud and Wire Fraud Defense Lawyers
In many prosecutions for mortgage fraud or bank fraud, related charges of mail fraud or wire fraud are tacked on. These serious federal offenses carry stiff additional criminal penalties upon conviction. The Law Offices of Mark L. Horwitz, a Professional Association, is an Orlando, Florida criminal defense firm with demonstrated success in challenging — and often preventing — these indictments.
If you are under investigation for or charged with mail fraud/wire fraud, contact our proven attorneys immediately to counter the allegations. We aim to prove that the underlying offense did not constitute fraud, or that any false statements were due to innocent mistakes, and not a scheme to defraud.
Bank fraud under 18 U.S.C. § 1344 applies only to crimes against federally insured banks. Mail and wire fraud, however, can apply to defrauding any financial institution, or defrauding a homeowner, homebuyer or business.
Mail Fraud
Under 18 U.S.C. § 1341, mail fraud requires (1) a scheme to defraud a person or entity of money or property and (2) use of the U.S. Postal Service or interstate carrier in furtherance of or attempting to execute the scheme. Mailing falsified documents obviously would constitute fraud, but the government may construe any letter or package related to a mortgage application or bank transaction as evidence of a fraud.
Wire Fraud
Similarly, wire fraud under 18 U.S.C. § 1343 is defined as a scheme to deprive of property through use of an interstate telephone calls or electronic communication including the internet, wire transfers, and even the use of television and radio. An innocuous e-mail or phone call could be charged as wire fraud if prosecutors contend it helped initiate or carry out fraud.
What You Need to Know
- If a financial institution is involved (a federally insured bank, savings and loan, credit union), conviction for mail fraud or wire fraud carries up to 30 years in prison and fines up to $1 million. Otherwise the maximum sentence is 20 years.
- Each instance of mail/wire fraud is a separate offense. Multiple offenses can increase the prison sentence upon conviction.
- Deleting e-mails or cell phone messages (obstruction of justice) could carry nearly the same penalties as fraud.
Under the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to commit mail fraud/wire fraud can lead to civil litigation, with treble damages (triple the amount of the financial institution's loss). For example, if a banker and a builder are accused of conspiring to fix a construction loan, the bank could sue for the loss of "intangible right to honest services" under 18 U.S.C. § 1346 of its loan officer.
The Law Offices of Mark L. Horwitz, a Professional Association, has had substantial success in preventing fraud charges, confronting them at trial, and countering civil actions in mail fraud and wire fraud cases. Call today at 407.401.7224 or 866.784.0023 or contact us online to arrange a confidential consultation.
