Federal Mail Fraud

If you or someone you love has been charged with federal mail fraud, or has learned of a mail fraud investigation, here is what the charge means, what the government has to prove, and what penalties are possible.

Mail fraud is one of the most common federal charges, and it is often charged along with other federal crimes. It carries large fines and possible prison time. If you are charged or under investigation, talk with a federal criminal defense lawyer as soon as possible. Criminal Center represents people charged with federal mail fraud at every stage of a federal criminal case.

What is federal mail fraud?

Fraud covers any plan to take money or property from someone by lying or tricking them. The mail fraud law also covers selling or handing out counterfeit items through the mail. What turns a fraud plan into mail fraud is that the plan uses the U.S. Postal Service, or a private interstate carrier like FedEx or UPS, at some point to send something that is part of the plan (18 U.S.C. § 1341).

The federal government gets the power to prosecute because the Postal Service is a federal agency, and private carriers covered by the law operate across state lines. A letter sent through the U.S. Mail does not have to cross state lines to count.

The mail fraud law, 18 U.S.C. § 1341, covers a wide range of conduct. The item does not have to reach the person it was sent to, and it does not have to contain the lie itself. Knowingly putting something in the mail, or giving it to a covered carrier, to help carry out the plan can be enough to bring a charge.

What does the government have to prove for mail fraud?

• You took part in a plan to get money or property through false or misleading statements or promises.
• You meant to cheat someone (intent to defraud).
• The lie was material, meaning it was the kind of statement that could affect someone's decision.
• The mail or a private carrier was used to carry out the plan.

The Supreme Court has held that materiality is part of mail, wire, and bank fraud (Neder v. United States, 1999). It has also held that the plan must aim at money or property, not just at information or someone's right to make decisions (Ciminelli v. United States, 2023).

Why do prosecutors charge mail fraud so often?

When the government investigates a fraud plan, mail fraud is usually one of several charges in the case. Prosecutors find it useful because the law does not require that the fraud succeed. The plan, plus a mailing to carry it out, is enough.

Mail fraud also lets federal prosecutors bring cases that would otherwise be handled only in state court. Many fraud plans break state law, and once the plan uses the mail or an interstate carrier, it can become a federal case as well.

How is mail fraud different from wire fraud?

The federal wire fraud law works together with the mail fraud law. Between them, they cover so much conduct that prosecutors often charge both. The main difference is how the plan is carried out. Mail fraud uses the mail or a private carrier. Wire fraud uses phone calls, emails, texts, or other wire or internet communications that cross state lines (18 U.S.C. § 1343).

Read about federal wire fraud

What is the sentence for mail fraud?

• Up to 20 years in prison and a fine for each count (18 U.S.C. § 1341). For an individual, the general federal fine law sets the usual maximum fine for a felony at $250,000, or twice the gain or loss (18 U.S.C. § 3571).
• Up to 30 years and a $1,000,000 fine if the fraud affects a financial institution, like a bank, or involves benefits for a presidentially declared disaster or emergency.
• Trying or agreeing with others to commit mail fraud carries the same penalties (18 U.S.C. § 1349).

Each mailing can be charged as a separate count, meaning a separate charge in the indictment. Most sentences are well below the maximum, but the federal sentencing guidelines — the rules a federal judge must consult when choosing a sentence — raise the range as the loss amount goes up (U.S. Sentencing Guidelines § 2B1.1).

What else can happen after a conviction?

• Restitution: in most fraud cases the judge must order you to repay the victims' losses (18 U.S.C. § 3663A).
• Supervised release: after you leave prison, you may have to serve a period of court supervision.
• Forfeiture: the government usually asks the court to take property that came from the fraud, and the court can order it.

Prison, fines, restitution, and forfeiture can add up quickly and affect your ability to earn a living and pay your bills for years. That is another reason to involve a lawyer early, so you understand both the criminal case and any related civil exposure.

Why act quickly if you are under investigation?

Financial crimes often make national headlines, which creates public pressure on the government to prosecute them. Prosecutors may want to show they are tough on mail fraud. In our view, this can lead to broad charging decisions, especially when large sums of money are involved. If you are facing these charges, do not wait to start working on your defense.

What should you do next?

Book a consultation to talk it through with Brandon Sample.

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