Bronx Mail Fraud Lawyer

A common federal charge is mail fraud. There are several ways that you can commit mail fraud, some that are easier than others and some that are easier to track than others by the federal government and the United States Postal Service. A component of mail fraud includes the fraudulent aspect. One aspect of fraud is that it involves trying to get money or some kind of property while using false pretenses. Another component of fraud is that you would sell, exchange, or distribute in another manner the items that you obtained. In order to be charged with mail fraud, you would need to mail something to another person or a business that is connected to the fraudulent act. Part of the laws governing this charge also include receipts and contracts that detail the activity that has taken place. Aside from the postal service, you can be charged with mail fraud by sending items and information through another carrier.

The federal government is often limited to interacting with charges that involve multiple states. However, if the activity is severe enough, then the federal government could step in and assist the postal department in the state where you live. If you are charged and convicted of the crime of mail fraud, then you could have to pay a large fine and could spend up to 20 years in prison. If the fraudulent act involves any kind of government assistance or any kind of declaration that has been made by the federal government pertaining to an emergency situation, then your charges could be more severe. You could also spend a longer time in prison. Fines could be as high as $1 million.

Types of Mail Fraud

Employment Fraud

One type of mail fraud that you could be charged with involves employment opportunities. You could be charged if you conduct scams that involve offering fake jobs as well as jobs that involve working from home. Pyramid schemes and mystery shopper scams are the most common types of employment fraud that you could be charged with, but there are several others that the prosecution could charge you with depending on the details that are involved.

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Legal Scenario: What Would You Do?

Scenario

You received a letter from a federal investigator stating that your name appeared on several pieces of mail connected to a scheme where fake invoices were sent to small businesses across the Bronx demanding payment for services never rendered. You never created the invoices yourself, but a friend asked you to let him use your home address as a return address for what he called 'business correspondence.'

Can I really be charged with mail fraud even though I never wrote or sent the fraudulent invoices myself?

Attorney's Answer

Under 18 U.S.C. § 1341, mail fraud does not require you to personally create or mail the fraudulent materials — it is enough that you knowingly participated in or facilitated a scheme to defraud that used the U.S. mail. Prosecutors in the Southern and Eastern Districts of New York regularly pursue aiding and abetting charges under 18 U.S.C. § 2 against individuals who provided logistical support, such as lending an address, even if they were not the primary architect of the fraud. A conviction carries up to 20 years in federal prison and substantial fines, so the stakes are extremely high. An experienced Bronx mail fraud attorney can challenge the government's evidence of your knowledge and intent, which are essential elements the prosecution must prove beyond a reasonable doubt.

This is general information only. Contact us for advice specific to your situation.

Fraud Targeting the Elderly

A common type of mail fraud involves the elderly community. It’s often easy to commit this kind of fraud because those who are older often don’t know about the latest technological advances and often don’t keep up with all of the latest scams that are taking place. Sometimes, they don’t pay attention to the information that they receive in the mail. This makes it easier to commit mail fraud against people who don’t know any better. An example would be if someone were to get an envelope from her mailbox and see that it looks like it’s from the Social Security Administration. When the woman calls about the information and gives bank account details, then this would be considered mail fraud because the information was sent through the mail in order to get money.

Other Types of Mail Fraud