Title 18 U.S. Code 1342 - Fictitious Name or Address
Using the United States Mail or a private or commercial carrier to execute a fraudulent scheme under Title 18 U.S.C. 1341 is a federal crime. Additionally, if you use a fake name or address to carry out such a scheme, you may face a different federal charge under Title 18 U.S.C. 1342.
In other words, this law makes it a federal offense to use a fake name to commit fraud or engage in other illegal business activities.
The related law, 18 U.S. Code 1341, Frauds and Swindles, carries severe penalties for planning or executing schemes to defraud, especially when using pretenses or representations to acquire money or property.
The statute broadly describes unlawful fraud and swindles as involving the use of a false name or address through the postal service in any scam, with convicted individuals facing up to five years in federal prison, a fine of up to $250,000, or both, highlighting the law's serious consequences.
What Does Section 1342 Say?
18 U.S.C. 1342 says, "Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be…."
Key Takeaways
- Title 18 U.S. Code 1342 is a federal statute that bans the use of false names or addresses in any dealings with the United States Postal Service (USPS) or private carriers.
- This encompasses sending, delivering, or receiving mail, packages, or other communications. The main purpose of this law is to prevent fraud, identity theft, and malicious activities involving mail carriers.
- The law seeks to safeguard the integrity of the mailing system and foster public trust by banning the use of false information.
- 18 U.S.C. 1342 provides prosecutors with additional tools to investigate and pursue fraud cases that might be difficult to prove otherwise. For instance, if prosecutors are unable to gather sufficient evidence to demonstrate a fraudulent scheme under 18 U.S.C. 1341, which carries a penalty of up to 20 years in prison, they may still charge the defendant with a lesser offense, such as using a fake name and address. This offense is punishable by up to 5 years.
What Acts Are Prohibited?
Specifically, 18 U.S.C. 1342 criminalizes engaging in either of the following to execute a fraudulent scheme or "other unlawful business":
- Use or assume any "fictitious, false, or assumed title, name, or address" when sending or receiving mail; or
- Accept and gather any mail or packages sent under the specified false name or address through USPS or other delivery services.
To prove your guilt for this crime, federal prosecutors need to demonstrate the following elements:
- You intentionally and deliberately used a false name, address, or title.
- You did so through email communication; and
- You did this with the intent of executing a fraudulent scheme or engaging in other illegal activities.
What Are the Related Federal Laws?
Chapter 63 of 18 U.S. Code addresses mail fraud and related offenses, including various federal statutes linked to 18 U.S.C. 1342 about fictitious names and addresses, such as the following:
- 18 U.S.C. 1341 - mail fraud;
- 18 U.S.C. 1343 - wire fraud;
- 18 U.S.C. 1344 - bank fraud;
- 18 U.S.C. 1345 - injunctions against fraud;
- 18 U.S.C. 1345 - honest services fraud;
- 18 U.S.C. 1347 - health care fraud;
- 18 U.S.C. 1348 - securities and commodities fraud;
- 18 U.S.C. 1349 - attempt and conspiracy;
- 18 U.S.C. 1350 - failure of officers to certify financial reports;
- 18 U.S.C. 1351 - fraud in foreign labor contracting.
What Are the Legal Defenses for 18 U.S.C. 1342?
If you're accused of using a false name or address for fraudulent reasons, a federal criminal defense attorney can utilize multiple defenses to challenge the charges, as outlined below.
We might argue that there was no intent to defraud or conduct illegal business. Simply using a fake name or address isn't a crime by itself. 18 U.S.C. 1342 specifically makes it a crime to use fictitious names or addresses with the intent to commit fraud or other crimes. If you can prove you truly lacked any fraudulent intent, the charges could be dropped.
Maybe we could claim there was a mistake of fact. Your lawyer might argue that you genuinely believed the false name or address was correct, meaning there was no intention to deceive or commit fraud.
This defense could apply if the defendant accidentally gave incorrect information due to a clerical error or was unaware that the information was false.
If you are facing federal charges, reach out to our law firm by phone or using the contact form for an initial case review. We offer legal representation for federal criminal cases across the United States. The Hedding Law Firm is located in Los Angeles, CA.
