Mail fraud cases are common. On any given day you can find dozens of incidents in the news. Numerous warnings go out every year about how citizens can protect themselves from mail fraud.
A person may be found guilty of mail fraud any time prosecutors can prove that a defendant used the postal system to defraud someone out of money or property. It can include stealing the mail, committing identity theft, and using the mail to run various scams.
Penalties for Mail Fraud
Mail fraud is punishable by up to 30 years in prison and up to $1 million in fines. It is a federal crime that should be taken extremely seriously.
Note that mail fraud is sometimes grouped with other charges that may carry their own penalties.
What the Prosecution Must Prove
In order for the prosecution to prove mail fraud, the prosecution must provide evidence as to the following.
- The defendant was engaged in a scheme to defraud.
- The scheme involved material misstatements or omissions.
- The scheme resulted or would have resulted upon completion, in the loss of money, property, or honest services.
- The defendant used the US mail in the furtherance of the scheme.
- The defendant used or caused the use of US mail.
You can also be charged with mail fraud if the prosecution can prove that you used a fictitious name or address in order to complete a fraudulent scheme.
Defenses for Mail Fraud
The defenses can include:
- Lack of fraudulent intent.
- There was a false representation of some sort, but it was not material.
- The statements were mistakes of fact, not willful misrepresentations.
- The use of the mail was not related to any other fraud that might have been committed (useful for reducing charges).
- Your constitutional rights were violated during the investigation, and evidence related to the mail fraud is not admissible in court.
- The prosecution has a case of mistaken identity on their hands, and you did not commit any part of the associated events named in the case or trial.
The defense that we use will depend on the facts of your specific case.
Get Help Today
Here at Koch Law we are highly experienced federal defense attorneys who have helped many people who are being charged with mail fraud and other crimes navigate the charges and bring them to their best possible outcome.
We may be able to win you an acquittal, get your charges dropped or dismissed, or get your charges reduced.
Contact us to schedule a case review today.