Wire and Mail Fraud are Federal Crimes. Mail fraud, 18 U.S.C., Section 1341, and wire fraud, 18 U.S.C., Section 1343, are the crimes charged in almost all Federal fraud cases. Mail fraud makes it a Federal crime to execute a “scheme or artifice to defraud” that uses the U.S. mail, or other interstate common carrier such as U.P.S. or Federal Express. Wire fraud similarly prohibits the execution of a “scheme or artifice to defraud” that uses “wire, radio, or television communication in interstate or foreign commerce”. These offenses both carry maximum prison terms of 20 years. The use of interstate mail and wire transfers gives the Federal Courts jurisdiction over what would otherwise be a case of fraud that could only be prosecuted in State Court.

The focus of any mail or wire fraud case is the scheme to defraud. The use of the mail or wire transfers do not have to be fraudulent in and of themselves. For instance, while a fraudulent mortgage application that is mailed to a lender would satisfy the mail fraud requirement, a letter mailed to the defendant notifying him that his mortgage loan had been approved could suffice. A wire transfer of funds to a title company after a fraudulent mortgage application has been approved could satisfy the wire transfer element. Each mailing or wire transfer constitutes a separate crime.

Typically, most mail or wire fraud cases involve the activities of a number of different people. Federal prosecutors typically will include them all in a conspiracy to commit mail or wire fraud. Title 18, United States Code, Section 1349, provides that any attempt or conspiracy to commit mail or wire fraud would subject a person to the same penalties as if they had committed the crime of mail or wire fraud.

Building a conspiracy case can be one of the most potent weapons in a Federal prosecutor’s arsenal. First of all, people charged in a conspiracy are treated as being partners in criminal activity. They can be held responsible for any criminal act committed by any other member of the conspiracy so long as it was reasonably foreseeable. In addition, statements made by co-conspirators in furtherance of the conspiracy are not hearsay under the Federal Rules of Evidence. If A was testifying against C at trial, a statement made by B to A about C would be admissible against C, even if he had no knowledge that he was being discussed by B. Armed with these tools, Federal prosecutors can mount formidable cases that are difficult to defend against.

Charles G. White has defended hundreds of people accused of mail or wire fraud offenses, almost always connected with a conspiracy count. He takes a team approach in defending these cases: employing private investigators, forensic accountants, and other professionals to review and challenge the Government’s evidence and develop evidence favorable to the defense.

Although most mail or wire fraud cases involve extensive business and financial records, including those in digital format, the guts of any mail or wire fraud case are the guilty persons who have been recruited by the Government to testify as prosecution witnesses in exchange for leniency or, in some cases, immunity.

Charles G. White has faced the accomplice witness countless times at trial. Comprehensive investigation and preparation are the key to success in discrediting the witness seeking preferential treatment from the Government in exchange for his testimony.

Charles G. White understands as well that there are some people who do not want to bear the risk of losing at trial. There may be personal or mitigating circumstances that make them want to negotiate a settlement on favorable terms. This plea bargaining at the Federal level requires knowledge and experience of the policies and practices of the Federal prosecutor’s office, the client’s role in the conspiracy, and the Federal Sentencing Guidelines. A person who is not represented by an attorney who is intimately familiar in these areas will not get the best result.

Charles G. White has negotiated hundreds of cases in Federal Court. He has worked with the U.S. Attorney’s Offices in Florida, throughout the United States, and the U.S. Justice Department.

Obtain Legal Assistance

If you or someone you know is accused of a Federal crime, it is imperative that you work with an attorney who has experience in these cases. Charles G. White has represented hundreds of clients in Federal Courts throughout the United States. He has the experience and knowledge essential to obtain the best possible result. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.

Charles G. White has helped many people whose business practices have been misinterpreted as fraud by overzealous Federal prosecutors and agents.  These include employees such as salesmen who unknowingly make false representations to customers.  Mr. White has vigorously, effectively and successfully tried these cases before a jury.  Mr. White has a well-deserved reputation as a trial lawyer whose skills can make the difference between freedom and incarceration.