Consumer Fraud

There are many variations of consumer fraud to which the mail and wire fraud statutes apply. Sometimes the perpetrator is simply selling a bogus product (e.g. timeshares that do not exist). Often to prove the requisite specific intent in such cases, it must be shown that the dealer either had knowledge or was aware of a substantial possibility that the product was in fact bogus. Such indifference to the accuracy of a defendant’s own claims will often be enough to show such intent, and the common defense is that the dealer sincerely believed the product was genuine. This is referred to as a “good faith” defense to mail and wire fraud.