Federal Mortgage Fraud

Mortgage fraud cases are generally prosecuted under federal conspiracy laws, and the statutes governing mail and wire fraud.

Mail Fraud

Federal law provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Wire Fraud

Federal law also provides that whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Significant cases:

• United States v. Suba - In mail fraud cases, the government must show that the defendant both intentionally participated in a scheme to defraud and used the United States mail to carry out the scheme.
• United States v. Bailey - The government must show that a fraudulent scheme existed, but the plan to defraud does not need to succeed.
• United States v. Edmondson - Each mailing involving in furthering a fraudulent scheme constitutes a separate offense of mail fraud.
• United States v. Ross - To support wire fraud charges, the government must prove that a defendant intentionally participated in a scheme to defraud and that wire communications (usually telephone, fax or internet emails) were used to further the scheme.
• Schmuck v. United States - The federal mail fraud statute is not intended to cover all types of fraud; it aims at instances where the use of mail is part of the execution of the fraud.

Our law firm has extensive experience in defending federal mortgage fraud cases in the metro areas of Atlanta, Athens, Macon, Augusta, Savannah, Rome, Columbus, Albany, Valdosta, and in all other Georgia courts. Contact our law firm if you need a criminal defense lawyer who has successfully resolved federal mortgage fraud cases.

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