Federal prosecutors may decide to file charges of wire and mail fraud because courts may not require direct evidence of a defendant’s intentions. According to the U.S. Department of Justice, prosecutors may convict based on the circumstances surrounding a case, which may only require showing defendants made false statements.
Evidence of obtaining money through false pretenses may result in a federal fraud charge if enough witnesses testify that they felt cheated. Witnesses, however, must reside in another state and prosecutors must show they sent money across state lines.
Communications may prove wire and mail fraud
Because courts only require evidence of conduct, prosecutors may file a wire and mail fraud charge when a defendant used the phone, internet or U.S. postal service. Individuals marketing their services over the internet, for example, may face wire and mail fraud charges if customers complain of sending money and not receiving the promised services.
Prosecutors may build a case if clients made a phone call to the individual to discuss the services offered. When an individual requires a signed contract before providing services, communications sent to a potential customer may serve as evidence.
False statements may result in federal charges
As reported by the Pocono Record, federal prosecutors convicted a Pennsylvania financial planner on several wires and mail fraud charges. The defendant contacted clients by phone offering high-risk investments purportedly misrepresented as low-risk opportunities. Although he allegedly promised his clients that they could liquidate their investments when they wished, many testified they could not retrieve their money.
Wire and mail fraud charges may not require proof of an individual’s intent to engage in fraudulent activities if transactions involve false statements. A conviction may result from a prosecutor presenting evidence based on phone logs or communications sent through the mail or internet.