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
| Charge | What it covers | Maximum prison term |
|---|---|---|
| Mail fraud, 18 U.S.C. § 1341 | A scheme to defraud that uses the Postal Service or a private or commercial interstate carrier | 20 years |
| Mail fraud affecting a financial institution or disaster benefits, 18 U.S.C. § 1341 | The same conduct when it affects a financial institution or involves a federally declared disaster or emergency benefit | 30 years and a fine of up to $1,000,000 |
| Attempt or conspiracy, 18 U.S.C. § 1349 | Attempting or agreeing with others to commit mail fraud | The same as the underlying offense |
| Conspiracy, 18 U.S.C. § 371 | Agreeing to commit an offense against, or to defraud, the United States, plus an overt act | 5 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
- ComplaintsCustomers, investors or a business partner report a problem.
- RecordsAgents gather mailings, shipping data, bank records and business files.
- Interviews and noticeEmployees and customers are interviewed, and likely defendants may receive a target letter.
- IndictmentCharges are filed, often several counts plus conspiracy.
- 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.