They’re only going to focus on lies that are intended to get someone to send them something, usually money. The government is not going to prosecute every lie. So the intent to defraud is the basis, it’s really the heart of this type of case. And usually, that reason is to get them to send you some money. Not just are you lying to the person, but you’re lying to them for a reason. ![]() The next thing the government would have to show is that there’s an intent to defraud someone. But that can still be the basis for a mail or wire fraud case because it’s false, and the government can probably prove it’s false. So let’s say the same telemarketer gets on the phone, calls someone else, and says, “This is such a great investment that if you send me $10 you’re going to have a million dollars by the end of the year.” Now, most people wouldn’t believe that I hope. So it’s material, and it’s false, and it qualifies as a false promise or representation.Īnd that’s true even if the statement is crazy and almost unbelievable. The person is saying that statement to get the other guy to send the money for this particular investment. And if that’s a false statement, obviously it’s a material statement. If that telemarketer gets on the phone and makes false statements about the company, about the investment opportunity, say, you know, the returns have averaged over a 1,000% every year for the past 10 years. Let’s use an example of a telemarketer trying to pitch an investment opportunity. ![]() Not some trivial matter, but something that the person who’s saying the lie or saying the false statement intends for the other person to rely on. ![]() Now the lie needs to be an important lie, a material lie. What does the government have to prove to convict someone of mail or wire fraud? Well, the first element the government has to prove is that the person made false promises or representations. What is a mail or wire fraud prosecution, and what are some possible defenses? So let’s start with the basics. So if you or someone you know is going through a case like that, you may find it helpful to learn a little bit more about the basics. I’ve been representing people in federal criminal cases for well over 20 years now, and many of those cases have involved mail or wire fraud charges.
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