Mail Fraud: A Serious Federal Crime

by | Feb 28, 2013 | Law

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Mail fraud is a serious federal crime that involves trying to deprive an individual of their rightful property through mail or wire. Because it involves mail that crosses state lines, it has been a federal crime since 1872. However, mail does not have to cross state lines for fraud to qualify as a federal offense. The punishment for mail fraud can be severe. If the victim is an individual, punishment usually involves fines and/or imprisonment of no more than five years. If, however, the victim is a financial institution, fines can reach $1,000,000 and prison sentences can last for up to thirty years. For these reasons, if you are convicted of mail fraud, it is important to find an experienced and aggressive Sacramento federal criminal attorney.

There are four necessary components for a crime to constitute mail fraud. First, the purpose of the scheme must have been to defraud, i.e. to misrepresent a material fact. Second, the person charged must have made false statements or omitted materials or information. Third, the action either did result or would have resulted in the loss of funds, materials, services, or property. Finally, of course, the scheme must involve the US mail, whether it crossed state lines or not. If all of these requirements are met, the defendant will definitely need the services of a Sacramento federal criminal attorney.

One Californian who recently needed a Sacramento federal criminal attorney was David John Magana was convicted of intent to commit mail and wire fraud on February 13, 2013. Magana is a former ad executive for the supermarket chain Raley’s and plotted to defraud the company of $2.5 million dollars through kickbacks and mail fraud. He demanded that two companies that provided paper and printing services pay commissions to a co-conspirator in order to maintain their business with Raley’s. He and several partners also illegally sold Raley’s paper products to third parties at a discounted rate. Though Magana has already pleaded guilty, he has yet to be sentenced. The sentencing is set for June 4, and he faces up to 20 years in prison, three years of supervised release, and fines up to $250,000 for the mail fraud charges. For the money laundering he also faces 20 years in prison, three years of supervised release, and up to $500,000 in fines. As Magana’s case shows, mail fraud is a serious charge that can result in steep punitive measures. If you are facing a mail fraud charge, it is important to find a top-quality Sacramento federal criminal attorney, who can either prove your innocence or get you a much-reduced sentence.

Kimball & Wilson, LLP is a great option for anyone looking for a experienced Sacramento federal criminal attorney. For more information, visit them online!

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