Monday, October 28, 2013

Mail Fraud Defenses Used by Criminal Lawyers

There are numerous mail fraud defenses criminal lawyers use but each defense has to negate at least one of the two elements of mail fraud to be successful. Prosecuting attorneys must prove, beyond a reasonable doubt, mail fraud occurred because the defendant formed or planned a scheme to defraud or had intention to do so. The prosecution must also prove the use of mail as a step in the plot or essential part of the scheme. In effect the mailing must be "in furtherance", (Mail fraud case- Kann v. United States, 323 U.S. 88, 95), of the scheme to defraud.

The overly broad nature of both elements of mail fraud make it a convenient tool for prosecuting attorneys to use, but case histories have limited its power. Since the mail fraud statute was enacted there have been amendments and hundreds of cases further defining it's scope and use. Along the way, there have been some common mail fraud defenses developed by criminal lawyers applied in a general sense. However, experienced criminal lawyers know the real work is in the details and what separates the mediocre from the best lawyers.

Common Mail Fraud Defenses used by Criminal Lawyers:

  • Good Faith is a complete defense seeking to prove a defendant had no intention to defraud. It is whole because, if successful, shows an absence of fraud.
  • Puffing is a defense used by criminal lawyers contending that alleged misrepresentations are matters of opinion made by the defendant rather than intent to defraud. It is the degree of "puffing" that must be argued by lawyers and what is usually the issue in court. If there exists evidence of actual and obvious statements made about a service or product that in no way could have been possessed than this is not suitable defense.
  • Constructive Fraud defense is used by criminal lawyers when proving there was no intended fraud but rather the result of careless business conduct and gross negligence.
  • Lack of Authority of an employee or other agent who performed or schemed fraudulent acts not authorized by the defendant.
  • Uncertainty of criminal mail fraud laws is used by criminal lawyers in showing the defendant's acts are not specifically prohibited. Criminal lawyers often use this defense in conjunction with other defenses such as "puffing."
  • Statute of Limitations on Mail Fraud has run out. The statute of limitations for mail fraud is 5 years. If the mail fraud was allegedly targeting a financial institution, the statute of limitations is 10 years. For a all mail fraud cases the statute of limitations starts when the last use of mail was done, not when the scheme was devised.

There are many facets to successfully invalidating a mail fraud charge against a client by criminal lawyers, including having experience in federal courts, knowing how to build rapport with the jury, knowing when and how to deliver your arguments, knowing which witnesses to call to stand and asking questions to get favorable responses and much more. Criminal lawyers know defending mail fraud is not a walk in the park, quite the contrary. The best criminal lawyers also know how to make split-second decisions and strategic maneuvers during trials. Top criminal lawyers use a wealth of resources and dedicate lots of time behind the scenes in building a unique defense appropriate to the client and the specifics of the case.

Though there are some common defenses used for mail fraud it is the way experienced criminal lawyers innovate these defenses and, in effect, make them new that can really throw the attorneys working as the prosecution for a loop. Of course, criminal lawyers also use completely new mail fraud defenses and defense tactics as necessary in gaining a favorable outcome.

If you have been charged or are being investigated for mail fraud, (and other conjoining charges such as wire fraud), it is imperative you speak to criminal lawyers now and call 855-LAW-PRO1 (855-529-7761). The earlier a criminal lawyer can start on your case the easier the defense; criminal lawyers may also prevent or lessen the charges filed.

1 comment :

  1. These are the secrets which a criminal lawyers use to defend their clients. Excellent share, Ms. Linda. I hope to have more posts from you in the future as well. I have bookmarked your blog. Thanks!

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