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3 possible defenses against wire and mail fraud charges

3 possible defenses against wire and mail fraud charges

On Behalf of | Oct 5, 2021 | Federal Criminal Defense

Wire and mail fraud charges are quite serious. A conviction could result in a lengthy prison sentence on top of hefty fines, which is why it is important to fight such charges. Furthermore, wire and mail fraud is considered a federal crime. It means that you will be up against very experienced and well-resourced federal prosecutors. Therefore, it may be necessary to proceed carefully in your defense bid.

Below are several defense strategies you could employ to increase the likelihood of a desirable outcome.

Lack of a fraudulent intent

You cannot be convicted of fraud just because of lying to someone. To prove fraud, the prosecution has to show that you made the false statements with the intent to defraud another person. For instance, statements that amount to sales exaggerations cannot be termed fraudulent.

The good faith defense

Even if it is proven that you said something untrue, you cannot be convicted of wire and mail fraud unless you know such statements to be false. If they were unknowingly inaccurate, you might rely on that as a defense.

The evidence against you was obtained illegally

Communication and financial information form the bulk of the evidence in a fraud case. Should the evidence against you be obtained illegally, it may not be admissible in court. The constitution protects you against illegal searches and seizures, and if this is how such evidence was obtained, you may have it suppressed. Fraud, like all other criminal cases, requires proof to be beyond a reasonable doubt. Taking away pieces of evidence from your case will likely work in your favor.

A lot is at stake

Beyond possible prison time, a conviction will stain your criminal record, and it might affect you years down the line. Mounting a successful defense on the charges against you requires in-depth knowledge of what the law says. Do not take chances by making uninformed decisions – it may haunt you for the rest of your life.

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