Mail & Wire Fraud Defense Lawyer

Mail and wire fraud involve any fraudulent scheme, plan or artifice that intentionally deprives another person of property, or honest services via mail, or wire (phone, fax, computer, text, radio, etc.) communication(s) and is considered a serious white collar crime.

Proof of a specific intent to deceive and/or a materially false statement in furtherance of the fraud must be established. Sentencing is usually determined by financial loss, and can be enhanced through a variety of specific enhanced characteristics including abuse of trust and number of victims. Use of mail or wire communication is easy to prove and the government can label just about anything they deem to be “a fraudulent scheme” Attempts are immaterial and treated the same as completed acts.

Mail Fraud

For a defendant to be found guilty of mail fraud, a jury must be convinced that the government has proven each of the following things beyond a reasonable doubt:

1. That there was a scheme, to defraud/obtain money or property by dishonest means.
2. That the scheme to defraud involved the misrepresentation or concealment of a material fact or matter or the scheme to obtain money or property by means of false or fraudulent pretenses involved a false statement, assertion, half-truth or knowing concealment concerning a material fact or matter.
3. That a defendant knowingly and willfully participated in this scheme with the intent to defraud.
4. That for the purpose of executing the scheme or in furtherance of the scheme, a defendant caused the United States mail to be used, or it was reasonably foreseeable that the United States mail would be used.

Mail Fraud Lawyers know that Mail Fraud charges are not limited to the use of the U.S. Postal Service and now include Fed Ex, UPS, DHL and other private and commercial carriers. Moreover, it is not a required element of proof that the “mail” actually crosses state lines, since in-state mailing is sufficient.

Put Brad Bailey and his 35+ years of experience on your side. Call us at (617) 500-0252 today.

Wire Fraud

For a defendant to be found guilty of wire fraud, a jury must be convinced that the government has proven each of the following things beyond a reasonable doubt:

1. That there was a scheme to defraud or to obtain money or property by means of false or fraudulent pretenses.
2. That the scheme to defraud involved the misrepresentation or concealment of a material fact or matter or the scheme to obtain money or property by means of false or fraudulent pretenses involved a false statement, assertion, half-truth or knowing concealment concerning a material fact or matter.
3. That a defendant knowingly and willfully participated in this scheme with the intent to defraud.
4. That an interstate or foreign wire communication was used, in furtherance of this scheme.

Penalties for Mail & Wire Fraud

Mail and wire fraud are not only very serious crimes in the eyes of the federal government, they are also amongst the most frequently charged.

If convicted, the defendant could face:

• Up to 20 years in prison (30 if banks are affected);
• Forfeiture provisions; and
• Mandatory restitution.

Experienced Mail & Wire Fraud Defense

Brad Bailey, a seasoned mail and wire fraud criminal defense attorney has practiced on both sides of federal criminal law. He has been a federal prosecutor in Boston, as well as a wire & mail fraud defense lawyer, who has been repeatedly named a Massachusetts Super Lawyer because if his achievements and success in that particular category. He is intimately familiar with the unique strategy and tactics required to succeed (and win) when facing such charges and doesn’t shirk from taking on difficult and complex, documents-intense, cases.

Some of the mail and wire fraud cases he has recently defended include: