Mail fraud is a white-collar crime that involves using the mail system (postal or private carriers) to commit a fraudulent act with the intent to deprive someone of their money, property, or services. It is a federal crime in the United States and is prosecuted under 18 U.S. Code § 1341.
A mail fraud lawyer is a legal professional who represents clients accused of mail fraud. They provide legal advice, help build a strong defense, and negotiate with prosecutors to reduce charges or sentences. They also represent clients during trials, ensuring that their rights are protected throughout the legal process.
What Is a Scheme or Artifice to Defraud?
A scheme or artifice to defraud is a systematic plan or course of action designed to deceive others and unlawfully obtain money, property, or services. It is a crucial element in proving mail fraud, as the prosecution must demonstrate that the accused had the intent to defraud through the use of the mail system.
The use of the mail system in furtherance of the scheme is what makes it a federal crime and subject to prosecution under the mail fraud statute. The key is that the scheme must involve intentional misrepresentation, concealment, or deception with the intent to deceive and obtain something of value. A conviction for mail fraud can result in severe penalties, including fines and imprisonment.
What Are Common Mail Fraud Schemes?
Some common mail fraud schemes include:
- Lottery scams: Falsely claiming the recipient has won a lottery and requesting payment for taxes or fees before releasing the prize.
- Investment scams: Promoting fraudulent investments with promises of high returns.
- Ponzi schemes: Paying returns to earlier investors using capital from new investors, creating the illusion of a profitable business.
- Phishing scams: Soliciting personal information under false pretenses to commit identity theft or other fraud.
- Charity scams: Soliciting donations for fake charities or disaster relief efforts.
What Are the Possible Punishments for Mail Fraud Crimes?
Punishments for mail fraud crimes vary depending on the severity and impact of the offense.
Generally, convictions may result in:
- Up to 20 years in federal prison.
- Fines up to $250,000 for individuals or $500,000 for organizations.
- Restitution to the victims.
- Probation and community service.
Are There Any Defenses to Mail Fraud Charges?
Below, we will go over some of the possible mail fraud defenses that defendants can use.
Lack of Intent to Defraud
Lack of intent to defraud involves arguing that the accused did not have the intent to deceive or defraud.
- Example: A person accidentally mails an incorrect invoice to a customer, leading to an overcharge. The person had no intention of deceiving the customer or obtaining extra money; it was simply an error. In this case, the defense could argue that there was no intent to defraud.
Good Faith
The good faith defense involves demonstrating that the accused believed their actions were legal and legitimate.
- Example: An individual invests in a business opportunity and encourages friends and family to do the same. Unbeknownst to the individual, the opportunity turns out to be a scam. The defense could argue that the person believed in the legitimacy of the investment and had no intention of defrauding anyone.
Insufficient Evidence
This defense involves challenging the evidence presented by the prosecution as insufficient to prove guilt beyond a reasonable doubt.
- Example: The prosecution presents evidence, such as emails and documents, allegedly showing that the accused was involved in a mail fraud scheme. However, the defense can challenge the authenticity or relevance of the evidence, arguing that it is insufficient to prove the accused’s guilt beyond a reasonable doubt.
Entrapment
The entrapment defense involves asserting that law enforcement induced the accused to commit the crime.
- Example: An undercover law enforcement agent approaches a person with a history of financial problems and convinces them to participate in a mail fraud scheme. The defense could argue that the accused was not predisposed to commit mail fraud and only did so due to the agent’s inducement, making it a case of entrapment.
Where Can I Report Mail Fraud?
To report mail fraud, you can file a complaint with the U.S. Postal Inspection Service or the Federal Trade Commission (FTC). You can also report to the FBI’s Internet Crime Complaint Center (IC3) for internet-based mail fraud.
To report mail fraud, follow these steps for each respective organization:
U.S. Postal Inspection Service
- Visit the U.S. Postal Inspection Service’s official website.
- Locate the “Report” section and select “Mail Fraud.”
- Complete the online mail fraud complaint form, providing as much detail as possible about the incident, including the names and contact information of any involved parties, dates of the fraudulent activity, and any financial losses incurred.
- Once submitted, the U.S. Postal Inspection Service will review the complaint and determine if an investigation is warranted. They may contact you for additional information or clarification.
Federal Trade Commission (FTC)
- Visit the FTC’s Complaint Assistant website.
- Choose the category that best describes the fraudulent activity (e.g., “Scams and Rip-offs”).
- Provide detailed information about the mail fraud incident, including any relevant documentation, contact information, and financial losses.
- The FTC will review the complaint and may share it with law enforcement agencies or other organizations for further investigation. While the FTC does not handle individual cases, the information provided can be valuable in detecting patterns of fraud and aiding broader enforcement efforts.
FBI’s Internet Crime Complaint Center (IC3):
- If the mail fraud involves internet-based communication, visit the IC3 website.
- Click “File a Complaint” and read the provided guidelines before proceeding.
- Complete the online complaint form, including personal information, details about the fraudulent activity, and any financial losses.
- The IC3 reviews complaints and may refer them to appropriate law enforcement agencies for investigation. They may also contact you for additional information.
After reporting mail fraud to the appropriate organization(s), they will review the information and determine the next steps.
Depending on the severity and nature of the fraud, this may involve initiating an investigation, contacting you for further information, or referring the case to another agency.
Provide as much detail as possible when filing a complaint to help investigators understand the scope and nature of the fraudulent activity. While individual outcomes may vary, reporting mail fraud contributes to broader efforts to identify, combat, and prevent such crimes in the future.
Do I Need an Attorney to Handle a Mail Fraud Case?
If you are facing mail fraud charges, consult with an experienced fraud attorney. They can help you navigate the complex legal process, protect your rights, and build a strong defense to fight the charges. Don’t hesitate to seek legal counsel to ensure the best possible outcome in your case.
LegalMatch can help you find a criminal attorney with experience in handling mail fraud cases. By answering a few questions about your case, LegalMatch can match you with attorneys in your area who have the necessary skills and knowledge to represent you.
This service is free, and you can review attorneys’ profiles and ratings before choosing one to represent you.
LegalMatch also provides a satisfaction guarantee, which means if you are not satisfied with the attorney you are matched with, you can request a new one at no additional cost.
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