18 U.S. Code § 1341 - Mail Fraud
Are you entangled in a mail fraud scheme? We are here to fight for you at the Hedding Law Firm. Mail fraud is not just a crime, it's a serious offense. Our seasoned and aggressive criminal defense attorneys understand the gravity of the situation and have the skill and experience to fight for you. A federal crime conviction can lead to severe legal penalties, making it crucial to seek legal representation immediately.
Mail Fraud has two main elements: (1) intention to perform a fraudulent act, e.g., forged checks, and (2) using the mail to implement the fraudulent scheme.
The charges for federal mail fraud will differ in severity if the entity convicted is an individual or a business.
Possible Mail Fraud Penalties
- Jail time – individuals up to 20 years, corporations up to 30 years
- Large fines and fees – up to $1,000,000 for violations affecting financial institutions
- Jail time of up to 5 years for using a fake name or address in a fraudulent activity
Mail fraud is generally added to the original charge that brought the case before the judge.
Title 18 USC 1341 says it is a federal offense to use the mail to carry out a scheme to defraud. Specifically, the statute says the following:
“Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property using false or fraudulent pretenses, representations, or promises……places in any post office or authorized depository for mail matter…… shall be fined under this title or imprisoned not more than 20 years, or both.”
In the case of Schmuck v. US, 489 U.S. 705 (1989), Petitioner used-car distributor was charged with multiple counts of mail fraud. The indictment alleged that he purchased used cars, rolled back their odometers, and sold them to Wisconsin retail dealers at prices artificially inflated by the low-mileage readings and that the unwitting dealers, relying on the altered readings, resold the cars to customers at inflated prices, consummating the transactions by mailing title-application forms to the State on behalf of the buyers.
Petitioner filed a pretrial motion to dismiss on the ground that the latter mailings did not further the fraudulent scheme and, thus, did not satisfy the mailing element of the crime of mail fraud.
The court held that the mailings at issue satisfied the mailing element of the crime of mail fraud. As the petitioner contends, such mailings need not be an essential element of the scheme to defraud but are sufficient so long as they are incident to a critical part of the scheme.
Description of Federal Mail Fraud
Mail fraud is a federal crime defined as using the U.S. Postal Service in any criminal attempt to gain money or valuables. Using the Postal Service or other private carriers raises the crime to the level of mail fraud. Therefore, it incurs enhanced punishment, which may include a separate federal prosecution for crimes that would otherwise be matters of state jurisdiction.
18 U.S.C. § 1341 provides punishment for anyone involved in an attempt to fraud or swindle who places in a post office to mail any material to be delivered by the Postal Service.
Mail fraud cases usually occur when somebody is using the mail to commit an illegal scheme to defraud another person or steal money. That's when the federal government becomes involved, especially from state to state.
The packages are being moved, and even if the packages are being moved internationally, that's where you'll see the federal government get involved. If it does not include a large amount of money or an intricate theft scheme, then that case would likely be passed off to the state government to deal with if there's criminal activity.
The feds do not take every case. There are many instances of Los Angeles federal mail fraud because there is a lot of mail moving through Los Angeles County that the feds simply don't get involved with.
They could get involved in many more cases than they do, but I believe they have a policy of only handling specific cases, deferring and letting the state government—the District Attorney's Office in Los Angeles County—handle other felony-related matters.
Mail Fraud Scheme Across State Lines
So, where you would probably see the feds getting involved in a mail fraud scheme would be if things were going on between the parties outside of Los Angeles, California.
So, suppose somebody's contacting somebody in Oregon, for example, and they're involved in some fraudulent mail fraud-related scheme. In that case, you might see the feds get involved because it's easier for them to coordinate with different states regarding investigation, getting information, and prosecuting somebody.
It is often the state government because the federal government has branches all over the nation, obviously, in the FBI, Homeland Security, Drug Enforcement Agency—the list goes on—so they can coordinate with their fellow law enforcement officers in different states.
Whereas local state police could certainly coordinate with other police officers in different states, and they do, it's not as easy to conduct a sweeping investigation because of time, manpower, and funding constraints.
So, if you're trying to figure out why the feds would become involved in a mail fraud case, they would do it because they can investigate more effectively than the state. If everything is centralized in the state and doesn't involve considerable loss or fraudulent activity, the feds will usually not deal with that type of case.
Federal Prosecution of Mail Fraud
When it comes to prosecuting mail fraud cases in Los Angeles, California, the federal government follows a structured process. Prosecutors are assigned to specific cases, and they consider various factors when determining the potential sentence and plea agreement. This complex process underscores the need for professional guidance and understanding, which can help you prepare for the legal proceedings.
What type of plea agreement might they offer? They'll consider the amount of loss that occurred and the intended loss. This is a difficult concept for people to understand.
If there is a mail fraud scheme and the victims lose a million dollars, that would put the person at a specific guideline enhancement. In that same scheme, if the prosecutors can show that there was an attempt for the criminals to obtain five million dollars, but they didn't get the money, they could try to mount an argument to add extra levels to that person's sentence related to the intended loss — meaning that person intended to take a certain amount of money.
They didn't get the opportunity to do it, so this is constantly battled and argued in these mail fraud-related cases.
Retain a Federal Mail Fraud Lawyer
The federal government takes mail fraud very seriously. If you or someone you know is facing mail fraud charges, it's crucial to have the right legal representation. Our federal criminal defense attorneys have the expertise and experience to assist you in this challenging time.
So, if you or a loved one is charged with mail fraud, you should get to an attorney as quickly as possible and provide the attorney with information about what they're claiming you did.
If you're charged with mail fraud in Los Angeles, California, let your attorney speak to the prosecutor and review all the investigations and discoveries related to the case so they can advise you on the best course of action.
