Mail fraud might sound like something from a movie script, but it is a serious federal crime that can result in steep penalties, including prison time. Whether you are a business owner, employee, or just someone receiving a letter in the mail, it is important to understand what mail fraud is, how it works, and why you should take it seriously.
What Is Mail Fraud?
Under 18 U.S. Code § 1341, mail fraud is defined as using the U.S. Postal Service or private interstate mail carriers like FedEx or UPS to carry out a fraudulent scheme. In order for the government to charge someone with mail fraud, they must prove a few key elements:
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A Scheme to Defraud: The person accused must have intentionally created or participated in a plan to defraud someone out of money, property, or property rights.
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Intent to Defraud: This is not about an honest mistake. The scheme must have been carried out knowingly and on purpose.
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Use of the Mail: The scheme must involve using the U.S. mail or a private mail carrier to further the fraud.
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Impact on Financial Institutions or Involvement in Telemarketing (Sometimes): In some cases, prosecutors also have to prove the scheme affected a bank or involved telemarketing.
What Counts as a “Scheme to Defraud”?
A scheme to defraud includes any plan or action designed to deceive another party using material lies or by hiding significant facts. This could mean:
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Telling major falsehoods, called “material misrepresentations”
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Concealing facts that, if known, would have influenced someone’s decision to give money or property
The key word is material. The lie or omission must be serious enough that it would change the outcome of a decision, such as whether to pay a bill, make an investment, or approve a claim.
Real-World Examples of Mail Fraud
To bring this legal concept to life, here are a few common types of mail fraud Ryan Pacyga has seen in real cases:
1. Ponzi Schemes
A classic example involves someone setting up a fake investment opportunity, promising high returns. They use new investors’ money to pay off earlier investors and keep the illusion going. If they send marketing flyers or communications through the mail, that is mail fraud.
2. Fake Invoices
Let’s say someone bills a government program or even a private company for work they didn’t actually do, or exaggerates the hours worked. If those invoices are mailed, that is mail fraud. This includes:
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Overstating time worked
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Claiming services or products that were never delivered
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Inflating the number of people helped
3. Insurance Fraud
You cannot legally sell your car to a friend, then claim it was stolen and file an insurance claim by mail. Likewise, inflating the value of a stolen item, such as claiming your $1,000 watch was worth $5,000, can lead to a mail fraud charge if the claim is submitted through the mail.
4. Real Estate Fraud
Mailing in a mortgage application with false income or assets listed could qualify as mail fraud. Other real estate scams, such as trying to sell property you do not actually own, also fall into this category if the scheme involves the mail.
Why It Matters
Because mail fraud is a federal crime, it is prosecuted by the U.S. government and carries serious consequences. Even if your role in the scheme seems small, if you intentionally used the mail to carry it out or caused someone else to, you can be charged.
If you’re being investigated or have been charged with mail fraud, you need legal representation immediately.
Get Help Now
If you have questions about a mail fraud charge or federal criminal defense, contact Ryan Pacyga at (612) 339-5844 or visit arrestedmn.com. Ryan is an experienced criminal defense attorney who can help you understand your rights and build a strong defense.