Dallas, Texas Defense Attorney Blog

March 10, 2009

Federal Wire Fraud & Mail Fraud Charges - What Each Constitute

Filed under: White Collar — Tags: , , , , — admin @ 9:00 am

Fraudulent misrepresentations and schemes to defraud which use the United States mail to further that fraudulent conduct, can be prosecuted as mail fraud. Also, another commonly used federal law to prosecute misrepresentations and frauds is the statute known as “wire fraud.”

The United States Attorney Office will seek an Indictment (a charging document formally charging the person with a crime) for mail fraud when the prosecution believes it has evidence of any fraud scheme that uses the mail systems to make that fraud scheme function.

If you or a loved one is facing charges of wire fraud in Texas, contact Matthew Arnold, Dallas wire fraud defense attorney. If not, keep reading.

There is no specific requirement for the type of fraudulent scheme that has to be alleged by the U.S. Attorney Office, only that there is some kind of fraud or misrepresentation wherein the U.S. mails or commercial carriers are used to mail an item related to the scheme, such as a check, a contract, an application for credit, property valuations, etc. Originally, the mail fraud statute required some type of use of the U.S. mail; now, the statute requires the use of either the U.S. mail or any mail carrier in an attempt to carry out the fraud. (more…)

January 19, 2009

Texas Felons with Firearms?

Filed under: Firearms — Tags: , , — admin @ 5:17 am

Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment.

If you or a loved one is facing charges of possession of firearms in Texas or possession of deadly weapon in Texas, contact Matthew Arnold, Dallas firearms possession attorney.

There are exceptions to this rule in some instances. Federal law contains an explicit statutory exclusion which provides that the federal criminal offense of firearms possession is inapplicable to persons who has had their civil rights restored on the predicate state felony conviction. 18 U.S.C. 921(a)(20) provides:
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