Defending Against Charges of Misappropriation of Postal Funds

Being accused of misappropriating postal funds can be scary. Let’s break down what these charges mean, potential defenses, and steps you can take if you find yourself in this situation.

What is Misappropriation of Postal Funds?

Misappropriation of postal funds refers to when a postal service employee improperly uses, takes, or redirects U.S. Postal Service money or property for personal gain or other unauthorized purposes. It falls under the federal crime of embezzlement under 18 U.S. Code § 1711.

This law makes it illegal for any Postal Service employee to loan, use, pledge, deposit in a personal bank account, or otherwise divert postal funds or property for personal use. It applies to any Postal Service money, including cash, checks, money orders, and more.

Penalties for Misappropriation of Postal Funds

Misappropriation of postal funds is a felony offense. If convicted, penalties can include:

• Up to 10 years in federal prison
• Fines equal to the amount misappropriated (can exceed $1 million for large sums)
• Permanent criminal record
• Loss of Postal Service employment

Penalties increase if the amount exceeds $1,000 or involves conspiracy with others. They decrease for smaller sums misappropriated.

Common Defenses Against Charges

There are several legal defenses that a knowledgeable defense attorney may use to fight misappropriation of postal funds charges, including:

Lack of Criminal Intent

Prosecutors must prove you knowingly and intentionally misappropriated funds. Evidence showing it was an accident, accounting error, or you lacked intent can defeat charges.

Authorized Use

If evidence shows you were authorized to use funds or property in that manner, it negates criminal charges.

Return of Funds

Returning misappropriated funds before arrest or charges may persuade prosecutors to drop the case.

Duress or Coercion

Proving you were coerced or threatened into the misappropriation can also defeat charges in some cases.

Steps if Facing Charges

If arrested or charged with misusing postal funds, smart steps include:

1. Remaining silent and requesting an attorney immediately
2. Not explaining anything or making statements to police
3. Hiring an experienced federal criminal defense lawyer as soon as possible
4. Following their advice for building your defense case

An attorney can analyze the evidence, identify defenses, negotiate with prosecutors, and defend your rights. Don’t delay in seeking skilled legal help.

The Bottom Line

Misappropriation of postal funds is a serious federal felony. But an experienced defense lawyer can often get charges reduced or dismissed by presenting evidence of defenses like lack of intent, authorized use, returning funds, or coercion.

If you are under investigation or facing charges, remain silent and get experienced legal help right away. An attorney can protect your rights, avoid statements that hurt your case, and build the strongest defense to defeat these allegations.