Mail Fraud vs. Wire Fraud

Wire Fraud LawyerWire fraud and mail fraud are two types of serious white-collar crimes that are prosecuted by the federal government. The FBI defines white-collar crime as “. . . those illegal acts which are characterized by the deceit, concealment or violation of trust and which are not dependent upon the application or threat of physical force or violence. Individuals and organizations commit these acts to obtain money, property or services; to avoid the payment or loss of money or services; or to secure personal or business advantage.”

Although the mediums of mail and wire fraud are different, the end goals are the same: to deceitfully attempt to obtain money or property. Wire fraud is any fraudulent activity performed by a person or organization acting under false pretenses that takes place over interstate wires, including television, radio, telephone and computers. An example of wire fraud is dishonest telemarketers who ask people to wire money for purposes other than those they advertise for. Mail fraud is a federal crime in which the perpetrator develops a scheme using the U.S. mail system to defraud another of money or property. Mail fraud typically involves a person or company obtaining money or anything of value from a victim by offering a product, service or investment opportunity that doesn’t live up to claims.

To be found guilty of wire fraud, it must first be proven that you knowingly and willfully devised a scheme to defraud, or for the purpose of obtaining money or property by means of false pretenses, representations or promises. Secondly, you must have also knowingly transmitted or caused to be transmitted by wire in interstate commerce some sound for the purpose of executing the scheme to defraud. When being prosecuted it is not necessary that the Government prove the entire nature of your case, such as the success of the scheme or whether or not what was being wired was fraudulent. It must only be proven that you knowingly attempted the scheme under false pretenses for financial purposes or to gain property.

In order for a case to be considered mail fraud, there must be two elements present: the facts surrounding the offer were intentionally misrepresented, and the U.S. Mail was relied on to carry out the scheme.

Federal criminal lawyer, Robert Barnes of Barnes Law LLP writes that wire fraud is almost always prosecuted as a federal crime, and a conviction of wire fraud has a punishment of up to 20 years in prison. If the victim of the fraud is a financial institution there may be an implemented $1,000,000 fine and a sentence of 30 years in prison. Penalties for those convicted of mail fraud include a fine and/or imprisonment for no more than 5 years for each violation, and a $250,000 fine. The punishment increases if the mail fraud was aimed at a financial institution. The statute states that “the person shall be fined not more than $1,000,000 and/or imprisoned not more than 30 years.

Q&A: Can I be charged with a crime without being arrested?

Phoenix crime defense attorneyQ: Can I be charged with a crime without being arrested?

A: The act of arrest is the taking of a person into lawful custody, meaning an arrest warrant must be issued by a competent judicial authority. If any of the criteria for arrest are not met, the police are obligated to submit the product of their investigations to the DA and not arrest the suspect.
Both traffic offenses and minor misdemeanors such as shoplifting are eligible to receive an alternative to arrest-called a citation. Citations are usually given to low risk, low danger individuals. By signing the citation you give your notice to appear in court to defend your charge. Failure to appear can result in a warrant being issued for arrest and being held in contempt of court. Another reason you may not be arrested is due to a recent phenomenon- the overcrowding of jails. Jails have a maximum amount of inmates that they can hold at any time. Because of this many officers can be instructed to issue citations in lieu of arrest. Those who receive a citation and are not arrested can lawfully claim that they have no arrest records.

If you are charged with a crime, then contact The Law Offices of Howard A. Snader, LLC to aggressively defend your rights and keep you out of jail. Phoenix criminal defense attorney Howard Snader will defend your right to appeal your criminal charge and get your like back on track

Purse Snatcher Convicted of Murder

Jose Luis Marquez, the man accused of the 2010 purse snatching that claimed the life of ASU student Kyleigh Sousa, was convicted of first degree murder and robber this morning. Emotional family members and onlookers watched as the jury read the verdict.

Marquez was accused of trying to steal Sousa’s purse while she was outside a Tempe restaurant in May 2010. Sousa’s arm became entangled in the purse strap and she was dragged several feet and sustained blunt force trauma to her head. The injuries to her head were ultimately ruled as the cause of death. After a six month investigation, police arrested a 20 year old Marquez based off of a photo radar picture. The sentencing is scheduled to be help near the middle of December and Marquez could face up to 25 years to life in prison for his crimes.

Marquez is reported to have had a criminal history that involved shoplifting and other robbery charges.

Darth Vader’s Wife Gets Punched In The Face

Assault and Battery

 

 

 

 

 

 

 

 

An Englishmen who got physical with Darth Vader’s wife, didn’t know the power of the darkside or the police. Ikbal Hare was arrested in Walsall, England for an assault that occurred on September 20. Hare believed that his neighbor Darth Vader, previously known as Mark Nokes, was having an affair with Hare’s girlfriend. Amid a confrontation with Vader, and little knowledge of The Force, Hare swung at him and missed, punching Vader’s wife in the cheek. Hare fled the scene, despite being chased by several people, and was captured two days later at his girlfriend’s house.

Hare plead guilty on October 17 and was sentenced to 18 months of probation, 200 hours of unpaid work and an anger management course for the assault crime. If you have been arrested or accused of assault, or domestic violence, it is important that you obtain an experienced criminal defense lawyer from The Law Offices of Howard A. Snader, LLC in Phoenix who can fight for your rights and attempt to get the charges reduced to a misdemeanor assault or disorderly conduct. A criminal attorney can interview witnesses, put the alleged victim on the stand, argue for a dismissal, plea bargains, and do what it takes to keep you out of jail.

 

Husband Assaults Wife With Unconventional Weapon

Assault with a Sandwich

Lunchmeat and breadcrumbs were taken in for evidence after Larry Spurling attacked his wife with a sandwich in their Melbeta county home.

The incident occurred late Sunday night as the couple had engaged in a dispute. The victim claims her husband had consumed three 24-oz Natty Daddy cans as he ranted his resentment over the community they lived in.

The wife had apparently lost interest in the conversation and made the now regrettable mistake of fashioning herself a sandwich. As she walked into the bedroom is when her husband decided to make his move.

Reports say the 50 year-old Spurling pushed her to the bed, took possession of the sandwich, and began rubbing it in her face. Spurling then ran out of the home where police found him passed out on the lawn.

Police officials did not specify exactly what kind of sandwich was used in the attack, but reports indicate that mayonnaise was in fact smeared across the victim’s face.

As with any assault case, a sandwich attack may not do much damage to a person physically, but the resulting emotional damage and embarrassment can have lasting effects. If you have been arrested or think you may be accused of assault, do not go through the criminal process on your own. Contact an assault defense attorney with extensive experience handling violent crimes charges. Being charged with a violent crime can result in serious penalties and the possibility of imprisonment.

Fake Cancer Story Gets Woman One Year Sentence

Jami Lynn Toler will have to spend a year in Arizona State Prison after convincing coworkers, family, and friends with a fake cancer story in a scheme to steal money.

Toler told those around her she was suffering from breast cancer and needed a double mastectomy and breast reconstruction. She claimed to be uninsured and began accepting donations for the procedure. In all, she able to obtain over $8,000 from family and friends which she used for cosmetic plastic surgery instead.

Toler was sentenced to a full year behind bars as well as three years probation and the penalty of paying back the money she stole.

Normally in a case such as this the defendant would expect to receive only probation. The court felt due to the “great concern” and “appalling” nature of her actions that the normal sentence would not suffice.

After the sentencing, Toler showed remorse the deception by saying, “I am so sorry for violating the trust placed in me and so sorry for what I did.” She also claimed that she would work hard to repay the money she stole.

If you or someone you know has been accused of a crime, call a criminal defense lawyer who can help you get the justice you deserve. Like the defendant in this case, everyone makes mistakes and everyone is entitled to a fair trial.

 

What is the Difference Between a Felony and a Misdemeanor?

The fundamental difference between a felony and a misdemeanor is the severity of the crime, and
in some cases the amount of damage that has been done. Felonies are more serious crimes and
misdemeanors are lesser crimes. Because there is no one definite clarification across the United States
as to what constitutes a misdemeanor versus what constitutes a felony, crimes that fit in each category
will vary from jurisdiction to jurisdiction.

Although having a misdemeanor on one’s record can lead to difficulty finding employment, it does not
cause as many obstacles as a felony would. While a misdemeanor crime will tend not to prevent one
from working in law enforcement or armed forces, a felony conviction in most cases will.

There are some crimes that can be defined across the board as felonies. For example, arson, battery,
rape and murder are all considered felonies in the United States. On the other hand, speeding,
trespassing, public intoxication and vandalism are considered misdemeanor crimes. Although it is
understood that laws will differ from state to state, some differences are controversial and are being
considered unfair. For example, in some states domestic violence against a spouse or a child is a
misdemeanor and in other states it is a felony. A petition is currently being circulated to direct the
federal government to urge states to consider all forms of domestic violence to be felonies.

There is a significant contrast between the level of punishment for someone who commits a
misdemeanor and someone who commits a felony. In general across the country, the barrier between
misdemeanor and felony prison sentences is one year. Felonies tend to involve prison sentences
that exceed one year, and can even result in a death penalty. Misdemeanors commonly result in a
short prison sentence or alternative sentencing, which will normally involve community service or a
rehabilitation program.