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20th June 2021 at 16:04 #59071dorisgenovese70Guest
This article provides very general cursory information of Federal Mail Fraud Statute, one of the most widely used in white collar criminal prosecutions. I’ve put it in an easy to read Q&A format. Federal criminal charges are an extremely serious matter for which qualified legal help must be sought immediately.
Question. What is federal mail fraud statutes?
Answer. Mail and Fraud charges are the most commonly tools federal prosecutors use in federal criminal white collar cases. The mail fraud statute involves (1) a ”scheme to defraud,” and (2) a use of the mails ”for the purpose of executing” the scheme.
Question: What is “‘Use” of the Mails?
Answer: Each use of the federal mails constitutes a separate offense and each mailing is a separate count in the indictment.”Mail” includes Federal Express and other commercial carriers. While each mailing constitutes a separate offense, the government is permitted to base a single count on any number of mailings. To be in violation of this statutes, it is enough to mail anything or ”knowingly cause” anything to be mailed. There is a five-year statute of limitation, so if the mailing occurred more than five years earlier, no violation of the mail fraud statute may be charged even if the scheme continued to within the limitations period.
If you liked this post and you would certainly such as to receive even more facts pertaining to Fraud Charges Lawyer kindly browse through the web site. Question: What is “‘In Furtherance of” the Scheme?
Answer: Just because the defendant “used the mails” during a scheme to defraud is not enough to convict him of mail fraud. The mailing must be ”for the purpose of executing” or ”in furtherance of ” the scheme to defraud. There must be logical connection between the scheme and the specific mailing. In other words, mailing should be part of the plot.
Question: What is Scheme to Defraud
Answer: To prove a violation of Section 1341, the government must prove that the defendant had the specific intent to defraud, not just to have participated in an scheme. The government must show the defendant’s willful participation in a scheme with knowledge of the fraudulent nature and with the intent that the illicit objectives be achieved. The government will try to prove that the defendant was a knowing participant in the scheme to defraud. In some cases, it is not difficult to prove intent to defraud, especially where the defendant devised the scheme. In other cases the intent is less evident but the government still must prove that the defendant participated in the scheme with knowledge of the fraud.
Question: May I use “Good Faith” Defense
Answer: Yes, if you can proving that the representations, although actually false, were made without an intent to defraud. It is more than an honest belief. Good faith is a complete defense while an honest belief is not by itself a defense but only one factor in the determination of good faith.