Mail Fraud, Wire Fraud and Bank Fraud

Mail Fraud, Wire Fraud and Bank Fraud:
We have successfully represented a broad range of professionals, executives, and corporations in these prosecutions, and have actually defended professionals and executives in some of the most significant mail fraud, wire fraud and bank fraud trials both in Massachusetts and elsewhere. We have defended, at trial, executives charged with $100 million dollar frauds, in cases involving millions of pages of emails and other documents, and have the experience, skill set and resources to effectively rebut these allegations, understanding that an aberrant email or two cannot be judged in isolation, nor do they accurately define the character of a business or an executive. If you or a family member is the subject of a mail fraud, wire fraud or bank fraud investigation or prosecution, we invite you to contact us to learn more about the depth of our experience, skills and knowledge in this area.

The stakes could not be higher. The mail fraud, wire fraud and bank fraud statutes are increasingly used by the Department of Justice to prosecute a wide variety of conduct, including business judgments and decisions that heretofore were at most the subject of civil lawsuits, and courts are imposing significant sentences in response to the recent market meltdown. The Department of Justice remains as focused as ever in prosecuting what it believes to be financial fraud, as evidenced by the recent creation of the Financial Fraud Enforcement Task Force, which has been tasked with “vigorously” pursuing financial fraud. In fact, the government declared that by “creating this task force, the President has elevated the fight against mortgage fraud, securities fraud and other forms of financial fraud to a cabinet-level priority.” Attorney General Holder made no mistake about the mission of the task force when announcing its formation in November 2009: “We will investigate you, we will prosecute you, and we will incarcerate you. We will be relentless in our investigation of corporate and financial wrongdoing, and will not hesitate to bring charges, where appropriate, for criminal misconduct on the part of businesses and business executives.”

Given this priority level, it is imperative that you obtain legal representation as early as possible if you or a family member is the subject of a wire fraud, mail fraud or bank fraud investigation or prosecution. Despite the Wall Street Journal’s recent observation that “bad judgment is still not illegal,” and that “prosecutors should reserve their efforts for clear cases of fraud, rather than imagining criminal behavior into mistaken business judgments,” prosecutors continue to employ these statutes to second-guess business decisions made by executives and professionals.

These matters are often factually and legally complex. A person’s good faith belief in the legality of his conduct can be a defense to these actions, and the origin of this defense lies in a comprehensive investigation of the facts and relevant legal principles. We have the resources, experience and skills to effectively defend mail fraud, wire fraud and bank fraud investigations or prosecutions, and invite you to contact us to learn more.