Mail fraud defense in South Florida

Mail fraud reaches anything sent through the Postal Service or a private carrier as part of an alleged scheme, from invoices to checks to marketing letters. If you are under investigation, talk to a lawyer before you respond.

Free, confidential consultation.

Where are you in the process?

What to do now

  1. Be polite, but do not answer questions until you have spoken with a lawyer.
  2. Ask for each agent’s name, agency and contact details.
  3. Keep mailings, shipping records and files exactly as they are.

What the government has to prove

The mail fraud statute applies to a person who devises or intends to devise a scheme to defraud, or to obtain money or property by false or fraudulent pretenses, and who uses the mail to carry it out.

The mailing can be something placed with the Postal Service, something deposited with a private or commercial interstate carrier, or something the person knowingly causes to be delivered. The questions that usually matter are whether there was a scheme to defraud and whether the person intended to take part in it.

The mailing is rarely the issue. The scheme and the intent usually are.

Charges and maximum penalties

ChargeWhat it coversMaximum prison term
Mail fraud, 18 U.S.C. § 1341A scheme to defraud that uses the Postal Service or a private or commercial interstate carrier20 years
Mail fraud affecting a financial institution or disaster benefits, 18 U.S.C. § 1341The same conduct when it affects a financial institution or involves a federally declared disaster or emergency benefit30 years and a fine of up to $1,000,000
Attempt or conspiracy, 18 U.S.C. § 1349Attempting or agreeing with others to commit mail fraudThe same as the underlying offense
Conspiracy, 18 U.S.C. § 371Agreeing to commit an offense against, or to defraud, the United States, plus an overt act5 years

These are statutory maximums. Sentences actually imposed depend on the federal sentencing guidelines, the alleged loss and other factors.

When prosecutors bring mail fraud cases

Justice Department policy says fraud prosecutions ordinarily should not be brought over isolated transactions between individuals with minor losses, which are better handled in civil or state court. Prosecutors are told to give serious consideration to schemes aimed at a group of people or the public, or that involve a substantial pattern of conduct.

The policy also opposes basing venue only on the fact that a piece of mail passed through a district. Where a case is filed can matter, and it is worth examining.

How these cases usually unfold

  1. ComplaintsCustomers, investors or a business partner report a problem.
  2. RecordsAgents gather mailings, shipping data, bank records and business files.
  3. Interviews and noticeEmployees and customers are interviewed, and likely defendants may receive a target letter.
  4. IndictmentCharges are filed, often several counts plus conspiracy.
  5. Plea or trialThe case resolves by agreement, by motion or in front of a jury.

Where these cases are often defended

Every case turns on its own facts. Issues that frequently matter include:

  • Intent. Whether the person acted in good faith, relied on others, or did not know of the problem.
  • The scheme. Whether the statements were false and whether they related to money or property.
  • Venue. Whether the case belongs in the district where it was filed.
  • Loss. How the government measured loss and who it counts as a victim.

How Kaufman Legal Group can help

Jason Kaufman has tried more than 90 cases and is a Criminal Justice Act panel attorney in the Southern District of Florida. He also works as a jury consultant. He works with Phil Horowitz, who has practiced criminal defense since 1985 and spent decades on the CJA panel in the Southern and Middle Districts of Florida, and Victor E. Rocha, admitted to The Florida Bar in 1983, who practices in federal courts including the Eleventh Circuit and the Southern District of Florida and speaks Spanish. Together they bring more than 100 years of combined experience.

The team can respond to agents and subpoenas, examine how the government is building its case, speak with prosecutors before charges when that helps, and prepare the case for trial. The first consultation is free and confidential.

Questions

Common questions

Does mail fraud include FedEx or UPS shipments?

Yes. The statute covers matter deposited with any private or commercial interstate carrier, not only the Postal Service.

What is the difference between mail fraud and wire fraud?

They have the same structure and the same 20-year maximum. Mail fraud uses the mail or a private carrier, and wire fraud uses interstate or foreign wire communications such as email, calls or electronic payments.

Will a small dispute with a customer be charged as mail fraud?

Justice Department policy says isolated transactions between individuals with minor losses are ordinarily better handled in civil or state court. Federal cases tend to involve schemes aimed at many people or a pattern of conduct.

Contact

Request a free, confidential consultation

Leave a name and number and a lawyer will call you back. If someone has been arrested or is a target of an investigation, call the firm now.

(954) 648-8965
Kaufman Legal Group, PA
110 SE 6th Street, Suite 1700
Fort Lauderdale, FL 33301
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