Dallas Mail Fraud Attorneys

Dallas Mail Fraud Lawyers Defending Your Rights

While many offenses can be charged at both the state and federal level, mail fraud is nearly always charged federally. This is because the U.S. Postal Service is a federal agency, so using it to commit crimes is automatically a federal issue. This is true even if you were sending the allegedly fraudulent mail within the state of Texas. Mail fraud is treated as a very serious offense. Although instances of this crime have dropped off somewhat with the rise of the internet and cell phones, it is still charged when appropriate. Many do not realize how seriously mail fraud is taken by the authorities. It is generally a felony charge.

Spencer & Associates is highly experienced at defending those charged with mail fraud and other federal white collar crimes. Often, those charged with mail fraud are professionals, and the alleged fraud relates to business activity. In some cases, the person accused did not intend to participate in a mail fraud scheme being carried out by their employer or business partners. If you have been charged with mail fraud, or even if you believe that you are being investigated for this offense, it is best to contact an attorney as soon as possible.

Understanding Mail Fraud Charges

Generally, mail fraud can be charged any time the U.S. Postal Service is used to further a criminal scheme. It can also be charged federally when mail is sent out of the state using another national carrier. When communications in furtherance of a criminal scheme are sent electronically, wire fraud is usually charged instead. Mail fraud, on the other hand, pertains to physical, tangible, pieces of mail.

The mail sent must be part of an attempt to gain assets by fraudulent means. This can include phishing attempts designed to deprive another person of their property or money, as well as letters misrepresenting who the sender is and requesting that money or property be sent.

The prosecution must prove several elements. The first is that the accused intended to carry out a scheme to criminally defraud another party of money, property, or services. The second is that the scheme involved deception or the misrepresentation of material facts, such as lying about the identity of the sender by falsely claiming to be an agent of the recipient's bank. Claiming that the recipient owes a debt when they do not is also an example of an attempt to defraud. The prosecution must also show that the accused used a mail service to carry out the criminal scheme.

Penalties for Mail Fraud

Mail fraud is taken very seriously, as it often involves the abuse of a federal service. Depending on the nature and severity of the offense, if you are convicted, you could face up to 20 years in a federal prison. However, this penalty can increase up to 30 years in limited circumstances. You could be facing this increased penalty if the fraud involved a major national disaster, such as the COVID-19 pandemic, or if it affected a financial institution. Bank fraud may also be charged if a financial institution was affected.

The fines associated with mail fraud can also be substantial. You may lose assets due to asset forfeiture, and you may still be left to work out how to pay a six-figure fine. An attorney can often help to decrease the severity of these penalties if a conviction is inevitable. However, acquittal at trial and dismissal of your case are also possible outcomes.

Contact a Dallas Mail Fraud Attorney

Spencer & Associates is experienced in helping those accused of mail fraud. Our skilled federal white collar crime attorney will do all he can to guard your rights and future. To begin with a complimentary consultation, please contact us at 214-385-8500.