If you believe you may be under federal investigation for a Mail or Wire Fraud Case, it is critical that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney.
The Houston, Texas law office of Kuniansky & Associates will work diligently to ensure your rights are protected.

Mail fraud involves the use of the United States Postal Service to carry out any scheme which seeks to unlawfully acquire money or property: Wire fraud relates to the use of electronic communications to carry out a scheme which seeks to unlawfully acquire money or property. Electronic communication usually refers to telephone, fax, or internet communication.
Generally, three elements must be proven in order to convict a defendant:

• First, it must be established that there was a scheme to defraud.
• Second, the defendant must have knowingly and willingly participated in the scheme with the intent to defraud.
• Third, it must be shown that interstate wire or mail communications were used to further the scheme.

Federal law also makes it a separate crime to use a false name when engaged in a scheme as described above. Specifically, it is unlawful for a person to use, assume, or request to be addressed by a fictitious or false title, name, or address while engaged in mail fraud. It is also unlawful for a person to receive a letter or package addressed to a fictitious or false name or address. A person convicted under this provision can be sentenced to 5 years in prison and receive a fine.

A conviction could mean up to 20 years imprisonment and a fine. If the scheme involved defrauding a financial institution, a conviction may result in a 30 year sentence and a $1,000,000 fine.

If you viewed the records of all people in prison for drug conspiracies, major fraud, corruption and other non-violent felonies, a surprising number would be convicted of nothing more than wire fraud or mail fraud.
In white collar crime investigations, it's not uncommon for conspiracy charges to be introduced in order to widen the scope of an investigation. Once conspiracy charges are levied against the accused, the hearsay rules that protect a defendant against unsubstantiated claims outside of court, are suspended. This is often used to extract plea bargains from suspects in order to charge others in a crime. With hearsay rules suspended, those who had little - if any - knowledge of mail or wire fraud can find themselves targeted as a prime suspect.

In addition, state and federal authorities commonly seize or freeze the assets of someone indicted on charges of mail or wire fraud. Since a criminal forfeiture is a civil proceeding separate from the accused's criminal trial, the outcome of the one does not effect the other. However, initiating a criminal forfeiture can make if difficult for the accused to provide for his or her defense.

Allegations of Mail Fraud and Wire Fraud

The law office of Kuniansky & Associates represents clients charged with committing mail and wire fraud in connection with the following:

• Mail order businesses
• Check kiting
• Transferring money to an offshore bank account
• Identity theft
• Money laundering
• Tax evasion
• Stock purchases

A criminal defense attorney has many options in defending a mail fraud or wire fraud charge. First, the government must be able to prove every element of the crime beyond a reasonable doubt- otherwise there can be no conviction.
The government will generally use circumstantial evidence to show a jury that the defendant knew of the fraud, and often the best way to counter such evidence is to introduce evidence of good faith: demonstrating to a jury that a defendant honestly believed that his or her actions were legitimate and sound.

Our attorneys challenge testimony provided by witnesses for the prosecution, exposing plea bargains that create a motive to tell the prosecution what it wants to hear. We interview witnesses that contradict the claims of the prosecution, providing information that points different directions away from our clients.

Many potential defenses are available to a person accused of mail or wire fraud: prosecutions are usually complex and document intensive. If you have been charged with one of these offenses, you need an experienced attorney who will defend your legal rights. Our firm has successfully represented clients charged with federal mail and wire fraud for many years.

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