Prosecution of DC Federal Mail and Wire Fraud Cases
Due to the severity of federal mail and wire fraud charges in DC it is important that if charged you understand what you are facing and how your case will be treated. With this mind, the following is information on what will need to be proven against you and how a DC federal mail and wire fraud attorney can help. For more specific information regarding your case, call and schedule a consultation today.
What Does The Prosecution Need To Prove in a Federal Mail and Wire Fraud Case?
In a federal mail and wire fraud case the prosecution has to show that the defendant knowingly and intentionally participated in a scheme to defraud. If it is a wire fraud case, it has to involve telephone or electronic communication. If it is a mail fraud case, it has to involve United States Postal Service or other private mail carriers as part of their scheme to defraud.
The prosecutor is going to have to show that it was not a mistake and not an unintentional act. They have to show that the defendant actually intended to defraud. This is done through looking at the circumstances and the evidence such as either a document, an email, a text, or another means of communication where the person actually admits to the fraudulent activity. Even if they don’t use the specific word “fraud” it can still be evidence if they somehow admit that what they are doing is dishonest. This is the best way to prove intent since you can’t show what was in someone’s mind at the time that they did something.
What Can a Criminal Attorney Do To Refute This Evidence?
It depends on the specific facts of the case, but in general, an attorney will always be looking for ways to challenge the government’s assertion that the defendant knowingly participated in a fraudulent scheme. The three areas a criminal lawyer are usually going to focus on are:
- Were they actually participating?
- Did they knowingly do so?
- Was it in fact a fraudulent scheme?
If it is wire fraud, you want to try to disprove that the use of the wires were actually involved in the case or the use of the mail in the mail fraud case.
Usually, the government is not going to get that wrong. They need to show that the mail was used for the case to be prosecuted as mail fraud. If they are so inept that they actually get that wrong, then they have serious problems in the case. Generally, they will get that part right but fail to show that the defendant was a knowing participant in any kind of fraud. We are always looking for gaps, cracks in their evidence, or anything we can to combat those allegations.
What Should Everyone Know About The Prosecution of Mail and Wire Fraud Cases?
Typically, a federal prosecutor who is handling a large fraud case in federal court is going to be extremely skilled, very well trained, very knowledgeable, and very adept in the courtroom. The government typically saves the best of the best of their staff to prosecute cases in federal court. Therefore, what an individual can expect is that you are going to have the United States government with all of its enormous resources putting forth one of its better staff members in attempting to secure a conviction against you.