Mail fraud is the act of using mail to defraud another individual, business, financial institution, governmental agency, or person, of money or property. A common misconception is that the fraud or lie itself must involve the mail. The only thing that needs to be proven is that the mail was used, or caused to be used, during the fraud.

What happens if the victim of the fraud is a financial institution?

A judge can increase the sentence, fines, or both if the victim of fraud is a financial institution. The sentence could be extended from 20 to 30 years. You may also see fines increase from $250,000 to $1,000,000.

How does the prosecution convict a person of mail fraud?

The prosecution must show beyond reasonable doubt that the defendant devised a scheme to defraud another. They must prove that the defendant intended to defraud another. They must also prove that the defendant used or caused another person to use the mail in the course of the scheme.

How does a mail fraud case investigation begin?

The United States Postal Inspection Service, or any other federal law enforcement agency like the FBI and IRS may initiate a case. These agencies can use the mail fraud statute in an investigation to charge individuals suspected of fraud if they believe the individual is involved in fraud-related behavior.

What are some warning signs related to mail fraud?

If you are required to respond to a sweepstakes email by sending a check to claim your prize, it may be related to mail fraud. Mail fraud could also be suspected if items you ordered don't arrive, or unauthorized charges are added to your monthly statements.

What are the types of mail fraud schemes?

There are many types of mail fraud schemes. These include fraud against older Americans, financial fraud, and fraud against employees. The United States Postal Inspection Service website provides additional information on these different types of mail fraud schemes.

How do you protect yourself from mail fraud?

Install a locking mailbox to protect yourself against mail fraud. Take bills to the post office instead of leaving them in your mailbox. To be safe, you should know your billing cycles and monitor for missing mail.

Where is your office located?

Our main law office is located at 26 Broadway, 3rd FL, New York, NY 10004. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at 646-663-4430. You can also send us an email at info@lebedinkofmanlaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

Mail fraud is the act of using mail to defraud another individual, business, financial institution, governmental agency, or person, of money or property. A common misconception is that the fraud or lie itself must involve the mail. The only thing that needs to be proven is that the mail was used, or caused to be used, during the fraud.

What happens if the victim of the fraud is a financial institution?

A judge can increase the sentence, fines, or both if the victim of fraud is a financial institution. The sentence could be extended from 20 to 30 years. You may also see fines increase from $250,000 to $1,000,000.

How does the prosecution convict a person of mail fraud?

The prosecution must show beyond reasonable doubt that the defendant devised a scheme to defraud another. They must prove that the defendant intended to defraud another. They must also prove that the defendant used or caused another person to use the mail in the course of the scheme.

How does a mail fraud case investigation begin?

The United States Postal Inspection Service, or any other federal law enforcement agency like the FBI and IRS may initiate a case. These agencies can use the mail fraud statute in an investigation to charge individuals suspected of fraud if they believe the individual is involved in fraud-related behavior.

What are some warning signs related to mail fraud?

If you are required to respond to a sweepstakes email by sending a check to claim your prize, it may be related to mail fraud. Mail fraud could also be suspected if items you ordered don't arrive, or unauthorized charges are added to your monthly statements.

What are the types of mail fraud schemes?

There are many types of mail fraud schemes. These include fraud against older Americans, financial fraud, and fraud against employees. The United States Postal Inspection Service website provides additional information on these different types of mail fraud schemes.

How do you protect yourself from mail fraud?

Install a locking mailbox to protect yourself against mail fraud. Take bills to the post office instead of leaving them in your mailbox. To be safe, you should know your billing cycles and monitor for missing mail.

Where is your office located?

Our main law office is located at 26 Broadway, 3rd FL, New York, NY 10004. If you'd like to visit us, feel free to do so. We are open 24 hours a day, 7 days a week.

How can I contact Lebedin Kofman LLP?

If you need the help of a New York criminal defense lawyer, you can call us at 646-663-4430. You can also send us an email at info@lebedinkofmanlaw.com. Another way to contact us is by filling up the contact form on our website at https://www.lebedinkofman.com/contact-us/

Mail Fraud Defense Lawyer in New York

Q: What are the penalties for mail fraud?

Mail fraud is one of the most common offenses in federal criminal law. The penalties for mail fraud are among the harshest of nonviolent crimes. A defendant could be sentenced to 20 years imprisonment if convicted of mail fraud. A $250,000 fine and full restitution to the victims may also be sanctioned on a defendant convicted of mail fraud.

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Don’t waste time anxiously searching online to find out what will happen with your case and if you will have a criminal record or worse, have to serve jail time. You can be on the phone with an attorney who will lay everything out for you in minutes.

What is Mail Fraud?

Under 18 USC 1343, it is illegal for an individual to use, or cause the use of, the United States Postal Service during the course of a scheme to take money from another by fraud or false pretenses.

Private commercial interstate mail carriers such as UPS or FedEx also fall under the confines of this statute.

Mail fraud is using the mail to defraud another person, business, financial institution, or governmental agency of money or property. The belief that the lie or fraud itself must involve the mail is a common misconception. All that must be proven is that the mail was used or caused to be used during the course of the fraud. Any innocent mailing can be brought under the law’s jurisdiction. Behavior that may seem relatively harmless becomes conduct that could subject an individual to a serious federal crime if it involves the mail in a criminal fraud or scheme. A scheme to defraud is a plan to steal money from another person or entity by lying to them.

What are the Penalties for Mail Fraud?

Mail fraud is one of the most easily violated offenses found in federal criminal law, and the penalties for mail fraud are some of the harshest for a nonviolent crime. If convicted of mail fraud, a defendant may receive a sentence of 20 years in prison. Additionally, the defendant may be made to pay a fine of $250,000 and full restitution to those wronged by his or her behavior. A skilled mail fraud attorney in New York can help you avoid these far-reaching and long-lasting consequences. It the victim of the fraud is a financial institution, a judge may increase the prison sentence, fines, or both. The prison sentence may be increased from 20 to 30 years, and the fines may be increased from $250,000 to $1,000,000.

How Can a Scheme Lead to Mail Fraud Charges?

Although a conviction for mail fraud requires that the offense be committed using the postal service or sending a letter, the mail communication factor is not really essential. It is still possible for a person to be charged with mail fraud if the scheme goes forward without the use of a postal service. According to Schmuck v. the United States, the Supreme Court may find you guilty of mail fraud if the qualifying mailing was an “incident to an essential component of the scheme”.

“Scheme” can be interpreted as false statements regarding current facts and circumstances as well as false promises about future conditions. 18 U.S. Code Section 1346 states that “schemes” can also include a plan to deny someone the “intangible right to honest services.”

It is not required to prove that the scheme was successful in order to be found guilty of federal mail fraud. The Fifth Circuit Court of Appeals has ruled that the prosecution may need to prove that the communications involved were capable of deceiving someone of ordinary prudence or comprehension.

Seeking the help of an experienced defense lawyer is also very important when facing charges of mail fraud. A skilled lawyer may be able to help you understand your rights and protect your freedom. Call Lebedin Kofman LLP today to schedule a consultation.

We Have Successfully Defended Thousands of Clients

To convict a person of mail fraud, the prosecution must prove beyond a reasonable doubt that:

The defendant must have devised a scheme or artifice to defraud another;
The defendant must have intended to defraud another;
The defendant had to use, or cause another to use, the mail during the course of the scheme to defraud.

For behavior to be considered fraudulent, any misrepresentation must be related to the scheme. It must either help the defendant perpetrate the crime or convince a purported victim to believe the defendant.

The mail fraud state is very broad and can be used in many different cases brought by federal prosecutors. The mailing does not have to be illegal; it only has to be related to the scheme to defraud another. A case may begin with the United State Postal Inspection Service or by any other federal law enforcement agency such as the FBI or IRS. If these agencies believe that an individual has been participating in behavior that constitutes fraud, these agencies may use the mail fraud statute to investigate and charge the suspected individual.

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Mail Fraud Defense: What Is at Stake

Mail fraud cases may involve letters, applications, invoices, claims, contracts, checks, shipping records, government forms, or business documents. Defense work should focus on the alleged scheme, intent, materiality, use of the mails, loss calculation, and whether the dispute is civil, regulatory, or criminal.

Mail fraud can create federal felony exposure, restitution demands, forfeiture issues, and collateral professional consequences.
Financial records, digital communications, witness statements, expert analysis, and agency communications should be preserved early.
Parallel civil, regulatory, employment, licensing, immigration, or federal consequences may need to be managed at the same time.

Frequently Asked Questions

Does every inaccurate mailing become mail fraud?

No. Prosecutors must prove a fraudulent scheme, intent, materiality, and use of the mail connected to the alleged scheme.

What evidence matters in a fraud case?

Financial records, communications, contracts, account records, witness statements, audit materials, device data, and expert analysis can all affect the defense.

Should I speak with investigators or auditors?

Speak with defense counsel first. Statements to agents, auditors, employers, banks, or regulators can affect both criminal and civil exposure.

Speak With a Fraud Defense Lawyer

For a confidential consultation, contact Lebedin Kofman LLP before responding to investigators, auditors, financial institutions, employers, or regulators.