There is a broad array of different white-collar crimes that are charged by the federal government in South Carolina and elsewhere across the United States. Mail fraud is one such federal crime that carries significant consequences and penalties.

Definition of mail fraud

On the list of the most frequently occurring types of white-collar crime (including RICO, embezzlement and health care fraud), mail fraud must be considered one of the most common. Mail fraud is defined as the use of the US Mail for the furtherance of a criminal act. Obviously, this can cover quite a bit of ground.

Elements of mail fraud

In order to be convicted of mail fraud, five elements set forth in federal law must be satisfied:

  • The defendant must engage in a scheme to defraud.
  • The scheme to defraud must involve material omissions or misstatements.
  • The scheme resulted, or would have resulted if completed, in a loss of money, services or property.
  • The US Mail was used to further the scheme to defraud.
  • The person charged with such a crime used or caused the use of the US Mail in its commission.

Examples of types of mail fraud

Mail fraud takes many forms in South Carolina and across the United States. There are some types of mail fraud that do occur with more regularity:

  • Fraud against the elderly
  • Fraud against veterans
  • Bank fraud
  • Other types of financial fraud
  • Telemarketing fraud
  • Employment fraud
  • Sweepstakes or lottery fraud

A person charged with mail fraud would probably be well-advised to consider protecting their interests by consulting with a criminal defense attorney. To mount a defense against charges for this crime, it would also be best to retain legal counsel with experience in the federal court system.

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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