Can using FedEx be mail fraud?

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. You’ve probably heard about some of our high-profile work – Todd represented Anna Delvey in the case that became a Netflix series, we handled the Ghislaine Maxwell juror misconduct matter, and we’ve defended clients in cases ranging from multi-million dollar fraud schemes to stalking allegations. If you’re reading this, you’re probably worried about whether a FedEx shipment could trigger federal mail fraud charges.

The answer is yes. Using FedEx – or UPS, or DHL, or any private shipping company – absolutely counts as mail fraud under federal law. Congress fixed that loophole back in 1994.

The 1994 Amendment Changed Everything

Before 1994, criminals thought they could avoid mail fraud charges by skipping the post office and using FedEx instead. That stopped working thirty years ago when Congress amended 18 U.S.C. § 1341 to cover “any private or commercial interstate carrier.” FedEx is explicitly covered. So is UPS, DHL, and every other shipping company.

The statute still calls it mail fraud, but federal prosecutors charge it whenever you use interstate shipping to further a fraud scheme. The amendment was part of the Violent Crime Control and Law Enforcement Act, specifically targeting telemarketing scams where fraudsters were using private carriers to stay off the federal radar.

Interstate carriers means the shipment crosses state lines – which FedEx packages almost always do. Even local shipments often route through regional hubs in different states. A package from Brooklyn to Manhattan might physically travel through New Jersey, making it interstate commerce and giving federal prosecutors jurisdiction.

What Actually Triggers Mail Fraud Charges

Federal prosecutors need two elements – a scheme to defraud someone, and using the mail or a private carrier to execute that scheme. You don’t need to personally ship the package or fill out the FedEx form yourself. If the fraud scheme causes a FedEx delivery, even indirectly, that’s enough.

According to DOJ prosecution guidelines, “use of the mail” is interpreted broadly – even routine or incidental mailings connected to the fraud count. One FedEx shipment as part of a fraud scheme gives federal prosecutors jurisdiction over the entire case.

Let’s say you’re selling counterfeit products online. Someone orders, you ship via FedEx because it’s faster, the buyer gets a fake. That FedEx shipment just made your fraud federal. Or you’re billing insurance companies for services you didn’t provide – reimbursement checks come back via FedEx, that’s mail fraud too.

Real Prosecutions Show This Isn’t Theoretical

A Florida man pled guilty in 2024 to defrauding FedEx itself – he filed false claims saying high-value items were misdelivered when they weren’t, collected reimbursements for items he still had. The scheme involved $764,250 in potential losses. His sentencing was set for February 2025, facing up to 20 years in federal prison.

Another case from 2023 – Texas man indicted on nine counts for a $400,000 scheme against FedEx. He shipped 67 packages via FedEx drop boxes, then claimed they were lost and filed reimbursement claims. Federal prosecutors charged him with nine counts of mail fraud, each carrying up to 20 years.

These aren’t sophisticated criminal operations. These are people who thought using FedEx was different from using the post office. Federal prosecutors don’t see a difference.

Intent Matters More Than the Shipping Method

Using FedEx doesn’t automatically make you guilty. The government must prove you had a plan to defraud someone through false pretenses, and you acted with intent to defraud. Good faith mistakes don’t count – even if someone ships something via FedEx as part of a business dispute.

Federal prosecutors must show you knew the representations were false when you made them. If you genuinely believed your claims were legitimate, that’s a good faith defense. It challenges the fraudulent intent element directly, and we’ve used it successfully in cases where defendants made business decisions that looked questionable later but weren’t criminal when they happened.

The line between aggressive business practices and fraud comes down to what you knew and when you knew it. If prosecutors can’t prove fraudulent intent when that FedEx package shipped, they can’t convict on mail fraud.

Why Prosecutors Love Mail Fraud Charges

Mail fraud is one of the broadest federal statutes prosecutors use. One FedEx shipment, and the entire fraud scheme becomes federal. The statute carries up to 20 years per count – or 30 years if the fraud affects a financial institution or involves disaster relief funds.

Each separate shipment can be charged as a separate count. If your fraud scheme involves 50 FedEx deliveries over two years, that’s potentially 50 mail fraud counts. Federal prosecutors stack these to increase sentencing exposure and pressure defendants into plea agreements.

Mail fraud also serves as a predicate offense for RICO charges and money laundering prosecutions. A fraud case involving FedEx shipments can balloon into a multi-count federal indictment carrying decades of prison time.

Defenses That Work

Lack of fraudulent intent is the strongest defense in mail fraud cases. If you believed your representations were true when you made them, prosecutors can’t meet their burden on intent. This defense requires documentation, contemporaneous communications, and often expert testimony about industry practices.

Statute of limitations matters. Most mail fraud charges must be filed within five years of the offense – ten years if it affects a financial institution. We’ve successfully challenged cases where the government waited too long and key evidence became unavailable.

Another defense challenges the connection between the mailing and the fraud. Prosecutors must prove the FedEx shipment was “for the purpose” of executing the fraud. If the shipment was incidental to legitimate business operations, that breaks the causal chain the government needs.

What to Do If You’re Under Investigation

If federal agents are investigating and FedEx shipments are involved, assume they’re building a mail fraud case. Don’t talk to investigators without a lawyer – anything you say about your intent or knowledge becomes evidence against you.

Federal agents are trained to elicit statements that sound innocent but establish the elements of mail fraud. They’ll ask about your business operations, who handled shipping, what you knew about products or services. Every answer helps them prove knowledge and intent.

Mail fraud investigations often build over months before any charges are filed. If you suspect federal scrutiny – customer complaints, civil lawsuits mentioning fraud, business partners cooperating with investigators – talk to a federal criminal defense attorney immediately. Early intervention can sometimes prevent charges from being filed.

At Spodek Law Group – we’ve handled mail fraud cases involving investment schemes, insurance fraud, counterfeit merchandise shipped via private carriers. We know how federal prosecutors build these cases and which defenses actually work at trial. Many of the cases we’re famous for handling – are cases others said were unwinnable. We’re available 24/7, coast to coast.

FedEx shipments carry the same federal consequences as postal mail, that’s been true since 1994. What matters is whether you had fraudulent intent and whether those shipments furthered a scheme to defraud. If federal prosecutors are looking at your case, you need experienced defense counsel who understands how mail fraud gets charged and how to challenge the government’s evidence on intent and the elements they must prove beyond a reasonable doubt.