The United States Code Sections 1341 and 1343 govern mail and wire fraud. When prosecutors are in doubt, the charge is almost always mail fraud.
Mail and wire fraud are some of the most commonly charged federal crimes because they are inchoate crimes, and therefore, the fraud does not actually have to have caused any actual loss. Another reason for this is the simplicity. There are only two elements to both of these crimes. Mail fraud only requires that the prosecutor prove beyond a reasonable doubt that (1) there was a scheme to defraud; and (2) something was mailed to execute that scheme. Wire fraud only requires proof beyond a reasonable doubt that (1) there was a scheme to defraud; and (2) interstate wire communications (fax, telephone, etc.) were used to execute the scheme. Contributing to the popularity of these charges is the fact that “scheme to defraud” has been interpreted extremely broadly by the courts. Wire and fraud charges are frequently at the base of more complicated charges like money laundering and RICO crimes.
Speak with a Boston Criminal Lawyer 617-512-0939
If you have been charged or if you think that you are being investigated for mail or wire fraud, call Francis T. O’Brien Jr. of O’Brien Law Boston today at 617-512-0939. There will be no fee to discuss your case, and all information will be kept confidential