Miami Mail Fraud Lawyer
The United States Postal Service (USPS) was actually first established by the United States Constitution. The founding fathers found such a service so vitally important that Benjamin Franklin was appointed as the first postmaster general in 1775 during the Second Continental Congress. The current form of this department was created by the Postal Reorganization Act that was enacted in 1971.
As it stands now, the Postal Service has approximately 31,000 post offices around the country and delivers 177 billion pieces of mail each and every year. The USPS has become a huge industry and the country's citizens now heavily rely on and expect its services. Because this organization is instituted by the federal government, any tampering with its activities is considered to be a federal crime.
Why a federal offense?
Mail and wire fraud became a federal offense in 1872. Essentially this constitutes an act that intentionally interferes with someone's property or services through mail or wire communication. The typical example of this offense is smashing mailboxes. This is indeed considered to be a federal offense, but the problem extends much farther than that. There are a number of other forms that this kind of deception can take.
It can come in the form of employment, financial, telemarketing, and lottery fraud, as well as fraud against the elderly. Some more specific types of this intentional dishonesty is advertising fake job opportunities, mystery shopper scams, pyramid schemes, credit card scams, Ponzi schemes, chain letters, and government "look-alike" mail.
The specific law that deals with this offense is U.S. Code Title 18 Chapter 63 Section 1341 through Section 1451. The punishment for this infraction is quite severe. A person who is charged and condemned of such an act is subject to a fine, up to 20 years in prison, or both. As time goes on, the courts interpret the statutes dealing with the crime more and more loosely. Now a person can be convicted of a "scheme to defraud" and it can include any dishonest or fraudulent acts that involve mail or an interstate carrier. Because of the new flexibility in interpretation it is much easier for the government to get a conviction.
Building a Strong Defense Case
Crimes involving U.S. Mail are taken very seriously in America. People do not like to be deceived and mail services have become second nature to this country. Because of these different factors, it is very difficult for an individual accused of such a crime to be exonerated. In many cases, the assumption of guilt will already be in place. This means that your defense must be impeccable. You future depends on the success of your case. If you want to make sure that you receive the best possible defense, work with Hager & Schwartz.
Our attorneys have more than 35 years of aggregate experience. They also know how the other side works as they are former state prosecutors. To find out what our team can do for you, call or email today!