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MAIL AND WIRE FRAUD

Fraud4

Federal Mail and Wire Fraud Charges in Connection with Purported Jamaican Lottery

A 49-year-old Miramar, Florida resident was recently arrested following the return of a federal indictment on two (2) counts of mail fraud and ten (10) counts of wire fraud – in connection with a fraudulent lottery scheme tied to Jamaica.

The federal indictment alleges that victims in the United States would receive telephone calls informing them that they had won over a million dollars in a lottery and needed to pay fees in advance to claim their winnings.  The victims were allegedly instructed on how, and to whom, to send their money and then instructed to send their money through either wire transfers or the U.S. Postal Service to the defendant and one or more co-conspirators.

Source:   https://www.justice.gov/opa/pr/south-florida-man-arrested-mail-and-wire-fraud-charges-connection-fraudulent-lottery-scheme

Mail Fraud

It’s a Federal crime under 18 USC § 1341 to use the United States mail (or a private or commercial interstate carrier) in carrying out a scheme to defraud someone.

Mail Fraud is a serious offense, and a conviction generally results in a sentence of up to twenty (20) years imprisonment and an applicable fine.  However, if the violation affects a financial institution, or relates to a presidentially declared major disaster or emergency, the maximum prison sentence increases to thirty (30) years.

Separately, 18 USC § 2326 provides for a sentencing enhancement in addition to the sentence provided under 18 USC § 1341 if the fraud involves telemarketing (which allows an enhancement of up to five (5) years), or a combination of telemarketing and a victimization or targeting of victims over the age of 55 (which allows an enhancement of up to ten (10) years).

Wire Fraud

It’s a federal crime under 18 USC § 1343 to use interstate radio, television or wire (for example internet or email) communications to carry out a scheme to defraud someone else.

Wire Fraud is a serious offense, and a conviction generally results in a sentence of up to twenty (20) years imprisonment and an applicable fine.  However, if the violation affects a financial institution, or relates to a presidentially declared major disaster or emergency, the maximum prison sentence increases to thirty (30) years.

Separately, 18 USC § 2326 provides for a sentencing enhancement in addition to the sentence provided under 18 USC § 1343 if the fraud involves telemarketing (which allows an enhancement of up to five (5) years), or a combination of telemarketing and a victimization or targeting of victims over the age of 55 (which allows an enhancement of up to ten (10) years).

If You Have Been Charged with Mail Fraud or Wire Fraud

If you have been charged with Mail Fraud or Wire Fraud, first these charges are likely to have been filed in a federal court.  In the event you have been accused of a federal crime, it is critical that you seek the advice and counsel of a lawyer that is experienced in federal criminal law and in federal criminal court.  While many lawyers practice in the field of criminal defense, very few are experienced in defending federal criminal charges in federal criminal court.  Deric Zacca is an experienced federal criminal defense lawyer who has handled over 100 federal criminal cases.  Call him today for an initial consultation.