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Mail Fraud Charges in Las Vegas, NV
Accusations of mail fraud carry significant consequences for those found guilty, as this is a grave offense. Mail fraud refers to any fraudulent activity that utilizes the postal system to carry out its illicit intentions. Initially, mail fraud encompassed fraudulent acts solely within the United States postal services. However, with advancing technology, the scope of such cases has expanded to include all forms of mail services, including couriers and electronic mail (email). Individuals suspected of violating this criminal law can face federal charges.
Charges of federal crimes should not be taken lightly. These offenses are prosecuted according to federal law, regardless of where the incident took place. They often entail more severe penalties and graver repercussions. If you are currently facing fraud charges in Nevada or believe that you are the subject of a fraud investigation, do not hesitate to contact our Las Vegas mail fraud lawyer at the Spartacus Law Firm now for a consultation. from
Understanding Mail Fraud Charges
Mail fraud is a type of white-collar crime that involves the use of the postal or private carrier system to perpetrate fraudulent acts with the intent to unlawfully deprive individuals of their money, property, or services. In the United States, mail fraud is considered a federal offense and is prosecuted under 18 U.S. Code § 1341.
A mail fraud attorney is a legal professional who specializes in representing clients accused of mail fraud. Our Law Firm offers expert legal advice, assist in building a robust defense strategy, and negotiate with prosecutors to potentially reduce charges or sentences. During trials, we will diligently advocate for our clients, ensuring that your rights are safeguarded throughout the entire legal process.
Common Mail Fraud Schemes
Some of the most common mail fraud schemes include the following:
- Lottery scams: Falsely claiming the recipient has won a lottery and requesting payment for taxes or fees before releasing the prize.
- Investment scams: Promoting fraudulent investments with promises of high returns.
- Ponzi schemes: Paying returns to earlier investors using capital from new investors, creating the illusion of a profitable business.
- Phishing scams: Soliciting personal information under false pretenses to commit identity theft or other fraud.
- Charity scams: Soliciting donations for fake charities or disaster relief efforts.
Penalties For Mail Fraud Charges in Nevada
Mail fraud in Nevada is prosecuted under the federal statute 18 U.S.C. 1341. This specific provision criminalizes use of the mail system to deceive and exploit others into relinquishing valuable assets, such as money or property. The penalties for this offense can be severe, with fines reaching up to $1,000,000 and imprisonment for up to 30 years if the fraud involves a bank or federal disaster relief. In other cases, the punishment may include a fine and/or imprisonment for up to 20 years. The statute explicitly states that:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
Frequently Asked Questions
What Are The Defenses Of Mail Fraud Charges?
Three common defenses utilized in cases of mail fraud include:
- No intent to defraud: Proving a defendant’s state of mind, an intangible aspect, can often pose challenges for the U.S. Attorney’s Office. Unless the prosecution can present sufficient circumstantial evidence demonstrating the defendant’s lack of good faith and intent to harm the victims, it would be appropriate to dismiss the mail fraud charges.
- No use of the mail: The application of 18 U.S.C. § 1341 is limited to situations where the defendant utilized the mail either during the commission of or to advance the alleged fraudulent activity. In the absence of evidence supporting this claim, such as tracking numbers, mail slips, or testimony from postal service employees, the case should be dismissed.
- Illegal police search: In criminal cases, a defense strategy often focuses not on the defendant’s alleged misconduct, but rather on the alleged misconduct of the U.S. Marshals Service. If law enforcement conducted an unlawful search to obtain evidence, your mail fraud lawyer can file a motion to suppress evidence with the federal court. Should the judge grant this motion, disregarding any unlawfully obtained evidence, the prosecution may choose to drop the entire case due to insufficient proof.
Can I Be Deported For Mail Fraud Charges?
Mail fraud resulting in a loss exceeding $10,000 to the victim is considered an aggravated felony, making it a deportable offense. Non-citizens facing charges under 18 U.S.C. 1341 should seek immediate legal counsel. A Las Vegas mail fraud lawyer may have the ability to persuade prosecutors to lessen or dismiss the charges.
Can Mail Fraud Charges Be Sealed From My Record?
Federal criminal records for mail fraud cannot be sealed, unlike Nevada law, where most criminal convictions can be sealed after a specific waiting period. However, defendants may be eligible to have their records expunged under exceptional circumstances. An experienced mail fraud lawyer in Las Vegas can review and assess your situation to determine whether you are eligible for expungement.
What Is a Scheme or Artifice to Defraud?
A fraudulent scheme or artifice is a systematic plan designed to deceive others and unlawfully acquire money, property, or services. It plays a vital role in establishing mail fraud cases, as the prosecution must demonstrate the accused’s intent to defraud using the mail system.
The use of the mail system in furtherance of the scheme elevates it to a federal crime, subject to prosecution under the mail fraud statute. The key is that the scheme entails intentional misrepresentation, concealment, or deception with the goal of obtaining something valuable. Convictions for mail fraud can lead to severe penalties, including fines and imprisonment.
Contact Our Las Vegas Mail Fraud Lawyer Today
When you choose to work with the Spartacus Law Firm, you gain the invaluable support and experience of our Las Vegas mail fraud lawyer. We will champion your rights and proactively defend against all charges of fraud brought against you. It is of utmost importance that you promptly safeguard your Fifth Amendment rights and refrain from engaging with any law enforcement officers or investigators before consulting your attorney. Your legal representation will provide guidance on your rights and available options during this critical period. To obtain more information regarding mail fraud charges in Nevada, please contact our office to schedule your consultation to discuss your case.