mail fraud

Mail Fraud | Federal Criminal Defense Attorney

What is Mail Fraud?

Have you ever seen a U.S. Postal Service police car and wondered what USPS police officers investigate? One of the most common offenses investigated by the United States Postal Inspection Service is mail fraud. Drug charges are a close second.

Mail fraud is codified under 18 USC 1341. Essentially if you are committing fraud and during the course of the fraud you use the postal service or another mail carrier, you are subject to being prosecuted for mail fraud.

Elements of Mail Fraud

There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts).

Example of Mail Fraud

Also, if that person did the same thing except sent the photo through FedEx and was paid by check through U.S. Mail, then the person committed mail fraud in both of those ways.

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It is important to know that the U.S. Guidelines Manual sets forth recommendations to U.S. Courts to punish these types of offenses. Put simply, penalties are set according to loss amount and intended loss amount. This means that person may receive additional punishment for attempted behavior that never results in a loss.

These cases often require a strong familiarity with federal criminal procedure, technical expertise, and the U.S. Sentencing Guidelines. Further, these cases are often investigated by examining bank records, computer records, search warrants, and witness interviews. Such prosecutions are often complex.

A person being targeted by a federal agency for any white collar crime, particularly mail and wire fraud, should seek legal representation before speaking with any agent.

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Benson Varghese

Managing Partner at Varghese Summersett PLLC
Benson Varghese is the founder and Managing Partner of Varghese Summersett PLLC. He is a prolific writer and has authored hundreds of articles about criminal law in Texas and at the Federal level. His articles have been featured in the Wall Street Journal, Above the Law, and have been selected as Top Blogs by the State Bar of Texas. He was named the Young Lawyer of the Year in 2019 by the Tarrant County Bar Association. Benson led the firm to become one of the 500 fastest growing businesses in the United States by Inc 500 Magazine in 2018. In the same year, the firm was named the Best Law Firm in Fort Worth by the Fort Worth Star-Telegram. The lawyers at Varghese Summersett PLLC exclusively handle criminal defense matters.
Benson Varghese