To prove guilt of mail fraud, the prosecution must prove:
- A scheme to defraud another person or organization out of money;
- Intent;
- Making materially false representations;
- Use of a mail carrier.
To prove guilt of wire fraud, the prosecution must prove the use of an electronic form of communication in interstate or foreign commerce.
The use of the mail or electronic communication does not have to be central in the scheme. Rather than marketing pieces that contain overstated descriptions of a legitimate product or service, a fraud will have material misrepresentations with the intention of delivering nothing or something with no value.
Common types of mail and wire fraud include:
- Mortgage fraud
- Telemarketing
- Email fraud
- Identity theft
- Ponzi schemes
- Pyramid schemes
- Sweepstakes fraud
- Inheritance scams
- Employment fraud