How Long Do You Go to Jail for Mail Fraud?

How Long Do You Go to Jail for Mail Fraud?

Mail fraud is a serious federal crime that can lead to years behind bars. The exact prison sentence depends on the details of the case and the discretion of the judge. Here’s an overview of potential jail time and other consequences of a mail fraud conviction.

Up to 20 Years in Federal Prison

The maximum prison sentence for mail fraud under 18 U.S. Code § 1341 is 20 years. However, judges rarely give out the maximum except in extreme cases involving very large fraud schemes resulting in major losses or harm.

More typical federal sentencing guidelines for mail fraud range from:¹

• 0-6 months for smaller frauds under $6,500
• 1-3 years for frauds from $6,500 to $15,000
• 3-9 years for major fraud schemes above $550,000

The main factors judges consider are:

• The amount of money or value of property involved
• The number of victims
• The sophistication of the fraud scheme
• Whether the defendant had a leadership role
• The defendant’s criminal history

Fines and Restitution

In addition to incarceration, mail fraud sentences often involve:

• Fines up to $1 million for individuals, $10 million for organizations
• Restitution to repay victims for their losses
• Forfeiture of money or property obtained by the fraud

The judge sets fine and restitution amounts based on the circumstances of the case and ability to pay. Fines can sometimes be waived if the defendant lacks resources.

Probation and Supervised Release

Sentences for mail fraud often include probation or supervised release after the prison term. Defendants on supervised release must comply with conditions like:

• Reporting to a probation officer
• Maintaining employment
• Avoiding further legal violations
• Undergoing counseling or treatment programs

The probation or supervised release term is usually 1 to 5 years. Violating the conditions can lead to more jail time.

Defenses and Mitigating Factors

Convicted mail fraud defendants may serve little or no prison time by raising defenses like:

• No intent to defraud – The scheme was a good faith business deal lacking criminal intent
• Diminished mental capacity – A mental defect or disorder contributed to criminal acts
• Minimal participant – Defendant played an minor role under direction of others
• Restitution – Repaying victims before sentencing shows acceptance of responsibility
• Cooperation – Providing substantial help to prosecutors investigating others

Other mitigating factors like age, physical condition, family obligations, charitable works, employment history, and lack of criminal record may also reduce sentences.

State Penalties

Around half the states also have mail fraud laws imposing additional penalties. Maximum state prison terms are typically 5 years or less. Other sanctions vary but may include probation, fines, restitution, and asset forfeiture.

Immigration Consequences

Mail fraud is considered an “aggravated felony” under immigration law. Non-citizens face deportation after serving their sentence, with little hope of legally returning.

Financial and Career Harm

Beyond direct legal punishment, mail fraud convictions also bring:²

• Damaged credit and personal bankruptcy
• Loss of professional licenses and credentials
• Destruction of reputation, relationships, and career prospects

These collateral consequences can plague defendants long after release from custody.

Get Experienced Legal Help

Given the severe direct and indirect impacts of a mail fraud conviction, retaining an experienced white collar criminal defense attorney is critical. An attorney can often negotiate reduced charges or sentences, particularly for first-time offenders.

1. United States Sentencing Commission, Quick Facts – Mail Fraud [↩︎]

2. Mihailis E. Diamantis, Functional Corporate Knowledge, Washington University Law Review, Forthcoming; University of Iowa Legal Studies Research Paper No. 2018-12 [↩︎]