Fort Lauderdale Mail Fraud Attorney
On this page you will find an explanation of the crime; mechanisms which are essential for a successful conviction; penalties for a conviction, and defenses and strategies used to fight the government if you or someone you care about is charged with the crime.
Mail Fraud is a federal crime if any aspect of the prosecutions allegations involves the crossing of state lines by any apparatus such as the United States Postal Service, or any other Interstate letter or package carrier.
Crimes that occur solely within a single state usually would fall under that state's jurisdiction, but the Commerce Clause of the United States Constitution concedes to the federal government dominion over certain types of fraud cases as well as all interstate matters.
Many people don't know that Mail Fraud also includes crimes of fraud against the elderly, financial and employment fraud, telemarketing fraud, as well as sweepstakes fraud.
A Fort Lauderdale Mail Fraud lawyer can educate you to these and all other aspects of federal law.
For example, using the recent hurricanes that have been experienced here in Florida, the US Virgin Islands, and Puerto Rico, an individual decides to try to profit from these disasters.
They use a graphic design program to place the heading of a legal charity, such as the American Red Cross at the top of a blank piece of paper. They then type out requests for donations in the body of the letter and make copies. Subsequently, they mail out thousands of these publications to unsuspecting recipients. The act itself is a crime, but if people respond and send funds to the sender, the offender is potentially guilty of mail fraud.
Mail Fraud is investigated by the United States Postal Inspection Service (USPIS).
Postal Inspectors are sworn federal enforcement agents who have the authority to serve federal search warrants and subpoenas and make arrests. They are permitted to carry firearms and work closely with other law enforcement groups as well as local prosecutors with the intention to investigate postal cases where fraud is suspected and prepare these cases for trial. U.S. Attorneys usually prosecute the cases.
For the government to successfully convict a suspect of mail fraud they must meet certain criteria to achieve a conviction.
1) The perpetrator of the crime must have used the mail in some fashion to advance the scheme to defraud.
2) As is the case with most criminal matters, it must be proven that the offender acted with the intent to defraud an individual, group of persons, or a business entity.
3) The plan must have consisted of at least one material misstatement or a purposeful omission.
4) Its attempt would have likely caused a loss of property, money, or honest services, or carrying it out to fruition did result in these losses.
The best defense for fighting the government's allegations for a Mail Fraud charge in Fort Lauderdale is to impugn the government's case by placing reasonable doubt on any of the four listed characteristics of their case listed above.
Challenging the legality of charges filed is Mr. Cohen's basic strategy as he aggressively fights for your rights.
Mr. Cohen has used this method on numerous occasions and has been able to stop cases from going any further by filing motions to suppress evidence, and persuading judges and juries that his claim on a client's behalf is warranted.
Other defense measures Mr. Cohen has used in the past is challenging probable cause, violations of a client's Miranda rights, and the lack of a valid search warrant, among many other legal defenses.
If you or someone you know or care about is charged with this crime, and the above criteria seems certain to apply, a Fort Lauderdale Mail Fraud Attorney is crucial to retain to plan a strategy to fight the allegations.
The penalties for Mail Fraud can be severe.
If convicted, an offender can face up to thirty years in prison as well as a fine up to a quarter million dollars in addition to restitution. In a case involving federal disaster relief, as pointed out in the example above or a crime involving a financial institution, a fine of up to one million dollars is not uncommon.
If you are arrested for Mail Fraud in Fort Lauderdale, or if you are already facing charges for fraud of any type, Michael B. Cohen, Esq, can balance a forceful defense and assist with representation that will result in the best possible outcome based on each individual case.
Formerly, Mr. Cohen has worked as an Assistant United States Attorney for the Southern District of Florida and as an Assistant State Attorney in Broward County, Florida.
He also honed his skills prosecuting cases as an Assistant Attorney General for the State of Florida before opening his legal defense practice to the public.
Now as a federal wire fraud lawyer practicing in Fort Lauderdale his much needed experience relating to federal laws and criminal procedure makes him an exceptional choice to fight all allegations levied by the government.
Mr. Cohen's complete résumé and qualifications can be found by clicking here.
Don't let a mail fraud charge upend your life when the Fort Lauderdale Law Office of Michael B. Cohen is just a phone call away.
Each case evaluation is always provided without cost.