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Bank, Mail and Wire Fraud Federal Charges In Arizona

A Bank, Mail or Wire Fraud is considered a Federal Charge in Arizona which carries a possible prison sentence for a first offense. Bank, Mail and Wire Fraud are defined under statutes 18 U.S.C. §1341, 18 U.S.C. §1343 and 18 U.S.C. §1344 and are the broadest basis for a RICO charge.

What is a RICO charge?

The Racketeer Influenced and Corrupt Organizations Act (RICO) is a federal law which was passed in 1970 to combat organized crime in the United States. The law provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization.

The activities covered under RICO include illegal gambling, money laundering, theft, bribery, murder, kidnapping, slavery, racketeering, embezzlement, fraud, counterfeiting, drug trafficking, obstruction of justice, dealing in obscene matter, acts of terrorism, and various other offenses that are covered under the Federal criminal code.

Sentencing and Punishments

According to the Federal sentencing guidelines for Bank, Mail, or Wire Fraud, every Federal offense is assigned a number from 1 to 43. This number represents the numerical offense level, level one being the lowest and level 43 being the highest.

Federal crimes of the highest level will usually result in life imprisonment. All Federal Bank, Mail and Wire Fraud offenses are automatically given a base offense level of seven. The sentencing level may increase depending on the amount of monetary loss.

Defending a Bank, Mail or Wire Fraud

Defending a Federal offense for Bank, Mail or Wire Fraud usually requires the services of an experienced attorney. A good attorney will know more about the defense of Bank, Mail or Wire Fraud than prosecutors and police officers.

In order to prove these crimes, the prosecutor must show that the offender used any or all of the following:

  • a scheme or artifice to defraud or obtain money or property by using false pretenses;
  • mails or interstate wires in order to execute the schemes;
  • a specific intent to defraud by either participating or abetting;

The defense attorney can use various possible defenses or prove any of the following:

  • The person had no intent to defraud
  • No injury was caused to the victim
  • Miranda Rights of the person were violated
  • The person did not actually participate in the communication
  • The person was denied Right to Counsel

Contact DM Cantor

Without proper legal counsel, the defendant has no chance of getting the charges dropped or reduced. Once convicted for Bank, Mail and Wire Fraud, the offender will have to face lifelong consequences, including incarceration. Get in touch with an experienced attorney for an Arizona Federal Bank, Mail and Wire Fraud charge so you can have the sentence reduced successfully. It is important to know the judge in these cases, and understand his or her particular sentencing philosophy.

An experienced attorney will also review any Sentencing Memorandums submitted by the prosecutor and the Presentencing Report presented by the probation officer. A Mitigation Specialist may also be hired to prepare a mitigation report if needed. Let DM Cantor fight for your freedom. Call 602-307-0808 for a free initial consultation.

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