Mail or wire fraud is a serious violation of the law, and U.S. authorities impose significant penalties for those convicted. However, it can be defended against in certain circumstances, depending on the facts of the case.
If you are facing mail or wire fraud charges, getting legal guidance can help explore the best approach for your defense. Some of the approaches include the following.
Good faith belief
The good faith belief defense challenges the prosecution’s ability to prove intent – a key element of fraud. For a conviction, it’s not enough to show that a statement was false; the government must also prove that the defendant intended to deceive or harm others through this misrepresentation. If the defendant believed their statements were true or genuinely believed in the success of their venture, they may lack the intent required for a fraud conviction.
A good example is when a business person sincerely believed in the legitimacy of a product or investment, they might not meet the required criteria for fraudulent intent even if outcomes did not fully align with promises. Courts will closely examine intent, and a good faith belief can create reasonable doubt about whether any false statements were knowingly deceptive, making this defense particularly effective.
Statute of limitations
The statute of limitations defense protects defendants from facing charges based on outdated evidence. In most mail and wire fraud cases, this period is five years from the last act related to the fraudulent scheme. However, if the alleged fraud involves a financial institution, the statute extends to ten years.
Your defense lawyer will carefully assess whether charges have been filed within the statute period, as actions taken beyond this window could lead to a dismissal. If the statute has expired, this defense may prevent the government from proceeding with the case.
