Mail Fraud 18 U.S.C. § 1341

Mail Fraud 

Mail Fraud is committed when a defendant causes the use of the U.S. Postal Service or any private commercial interstate mail carrier, such as UPS or FedEx, DHL, Airborne, during the course of a criminal scheme to money use the mail to defraud another person, business, financial institution or governmental agency of money or property. from another by fraud or false pretenses.

 

The Criminal Elements Of Mail Fraud

The most common misconception by defendants about Mail Fraud is that the fraud itself must involve the mail. Actually, in order to prove that a mail fraud violation transpired, all that a Prosecutor must prove is that by the defendant’s actions, mail was used or caused to be used during the course of the fraud whether it was an innocent act or not.

Mail fraud cases can be initiated by U.S. Postal Inspectors or any other Federal Law Enforcement Agency

Whenever someone is criminally charged with Mail Fraud, specifically for violating Title 18, United States Code, Section 1341, Federal Prosecutors from the U.S. Attorney’s Office have the burden to prove the case beyond a reasonable doubt.

In order to obtain a Mail Fraud conviction, the Prosecutor assigned to the case must prove that the defendant devised a scheme to defraud another, intended to defraud another, and that the defendant used, or caused another to use, the mail or common carrier during the commission of the scheme to defraud. More specifically the mail fraud elements are:

  • The “scheme to defraud” itself. Plainly speaking a plan to steal from a person or entity by lying or misrepresentation.

  • The misrepresentation or lie must be related to the scheme by means of helping the defendant perpetrate the crime or convincing an alleged victim to believe the defendant.

  • The defendant had to have done something related to the mail to carry out the crime.

The Criminal Penalties of Mail Fraud

Upon being convicted of Mail Fraud, the U.S. Sentencing Guidelines stipulates penalties for defendants being sentenced from a range starting at a base level of 5 years to 20 years in prison, depending on the defendant’s level of involvement in crime, along with the amount of fraudulent monetary exposure they may be held liable for. Although not mandatory, being convicted of Mail Fraud carries the potential of a $250,000 fine and monetary restitution to the alleged victims. While being convicted and going to prison can be devastating to a defendant’s family, there are ways defendants can obtain an early release from custody.

Prison Survival and Early Releases

At American Prison Consultants, we can help you prepare for custody with our survival program FEDTIME 101 in the event you are sentenced to Federal Prison, and assist you in taking advantage of custody programs that can help inmates be released from custody up to 18 months early, as well as obtaining extra halfway time or spending up to the last 12 months of your sentence in a “Community Custody” status on home confinement going to work each day and living with your family.

Contact American Prison Consultants today at
855-5-PRISON, You’ll be glad you did!