Mr. Kuniansky has prosecuted and defended over 100 mail and wire fraud cases. Mail and wire fraud encompass almost every type of fraud imaginable. The mail and wire fraud statutes are intentionally broad and define the offenses as any scheme to defraud one of money or property by false representations. Mail (including private delivery services) and wire (most often communications via computer) are only necessary to confer Federal jurisdiction.
Thus, the mail and wire fraud statutes cover theft, embezzlement, con man schemes, investment schemes, Ponzi schemes, and every other type of fraud the human mind can conceive. One of the essential elements of the offense is that one had the specific intent to defraud. That is, they specifically intended to defraud somebody. In most of these cases the defense is, “I did many of the things the government says I did; however, I was acting in good faith and never had the specific intent to defraud.” This defense is often difficult for the government to overcome, because the wind is taken out of their sails by admitting to the underlying conduct and simply contesting intent.