Mail Fraud Defense Attorneys in Dallas
Fighting Tirelessly to Protect Your Legal Rights
In the most general sense, mail fraud is the use of the U.S. mail system—including the USPS and private mail carriers—to commit fraud, typically by defrauding others into sending money, property, or other benefits for individual or collective gain. It also involves the exchange of counterfeits through the U.S. mail system. This can include things like pyramid schemes, Ponzi schemes, providing fraudulent college applications, and fraudulent sweepstakes.
If you are accused of mail fraud, it is crucial that you contact an experienced attorney as soon as possible. At the Law Office of Patrick J. McLain, PLLC, our Dallas mail fraud defense lawyers have over 30 years of experience at both the state and federal levels of law. We understand how these charges are prosecuted and know what it takes to defend you.
Call (214) 238-9392 to schedule a confidential case evaluation. Se habla español.
What Are the Elements of Mail Fraud?
It's crucial to understand the two elements of mail fraud, as they form the basis for any mail fraud charges:
- The Scheme to Defraud: This involves the intent to deceive or cheat another out of money or property through the mail. It requires a material deception that would affect a person's decision-making.
- Use of Mail: The second element is the use of mail to execute or attempt the fraudulent scheme. This doesn't have to be the U.S. Postal Service; using any interstate mail carrier like FedEx or UPS also counts.
Penalties for Mail Fraud
Like all types of fraud, mail fraud is punished harshly by the federal criminal justice system.
If convicted of mail fraud, you could face the following penalties:
- Up to 20 years in prison for each count
- Up to $250,000 in fines for each count
- One to three years of probation
- Restitution to victim(s)
Additionally, if convicted of mail fraud involving a financial institution or federal disaster relief, you face enhanced penalties, including:
- Up to 30 years in prison for each count
- Up to $1 million in fines for each count
Each instance of mail fraud, or "count," is regarded as a separate offense and is punishable in its own right under U.S. federal law. This means that if an individual has committed multiple instances of mail fraud, each one is considered separately during sentencing. Thus, the cumulative penalties can be severe, potentially leading to substantial fines and lengthy periods of imprisonment. It demonstrates the seriousness with which the justice system treats mail fraud, emphasizing its intent to deter such conduct and hold offenders accountable.
Defenses for Mail Fraud Charges in Texas
Given the severity of the penalties associated with mail fraud, it's essential to mount a strong defense. Fortunately, our experienced criminal defense attorneys can deploy a range of strategies to help you fight your case.
Below are some common defenses we may consider:
- Lack of Intent: A crucial aspect of mail fraud is the intent to defraud. If we can establish that you had no intention of committing fraud—perhaps it was an honest mistake or a misunderstanding—this could serve as a robust defense.
- Insufficient Evidence: The prosecution must prove beyond a reasonable doubt that fraud occurred and the U.S. mail system was used as part of the scheme. Challenging the sufficiency of the evidence is often a viable defense strategy.
- Entrapment: If you were pressured or coerced into participating in a fraudulent scheme by a government agency or representative, we may be able to use entrapment as a defense.
- Mistaken Identity: In some instances, you may have been mistakenly identified as the individual responsible for the fraudulent scheme.
Each case is unique and requires a tailored defense strategy. Our Dallas mail fraud defense lawyers are equipped and ready to dig into the specifics of your case, develop a defense strategy, and work tirelessly to protect your rights.
Contact Our Highly Experienced Attorneys Today
If you are under investigation for or have been charged with, mail fraud, your future and your freedom could be at stake. An aggressive attorney on your side can provide you with a personalized legal strategy tailored to your circumstances.
Our attorneys can employ solid defenses to mail fraud on your behalf, including lack of intent, lack of knowledge, and more. We are highly experienced trial attorneys who have handled thousands of criminal cases successfully.
Put our experience and skill on your side; call (214) 238-9392 or contact us online to schedule a confidential case evaluation today.
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