24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

What Are the Penalties for Federal Mail Theft?

March 21, 2024 Uncategorized

What Are the Penalties for Federal Mail Theft?

So you’re probably wondering—what actually happens if you get caught stealing mail? Well, I did some research into the federal laws around this, and lemme tell ya, the penalties are pretty serious.
First off, federal mail theft falls under a law called 18 U.S. Code § 1708. This law basically says it’s illegal to take mail that doesn’t belong to you out of any mailbox, post office, mail truck, etc. And it’s also illegal to hide, destroy or keep someone else’s mail. Makes sense right? You can’t just take stuff from other people’s mailboxes.
If you get caught violating this law, you could face up to 5 years in federal prison, plus fines. And that’s just for basic mail theft! There’s other laws too covering things like postal employees stealing mail (up to 5 years prison) and obstructing or delaying the mail (up to 6 months prison).
I found some crazy examples of people who actually got busted for federal mail theft. Like this one lady who was stealing greeting cards from mailboxes because she liked to reuse them. I know, so weird! She ended up with 3 years probation.
This other guy got caught going through apartment complex mailboxes and stole over $70,000 worth of checks! He cashed them using fake IDs He got 3 years in prison for that scheme.
So as you can see, federal prosecutors take mail theft pretty seriously. And with good reason – it violates people’s privacy and property rights when someone steals their mail.
Oh another thing, if the mail theft is related to a natural disaster or involves a financial institution, the penalties can be up to 30 years in prison! Yeah not kidding. That’s for things like stealing checks or credit cards from people affected by hurricanes and stuff. Super uncool.
There’s also state laws on mail theft that could apply too. But the federal ones tend to be more strict since it involves tampering with the U.S. Mail system.

What About Just Opening Someone’s Mail?

Okay this part surprises a lot of people. But did you know it’s also illegal to simply open up mail that isn’t addressed to you, even if you don’t steal anything?
Yep, there’s a whole separate federal law about that called 18 U.S. Code § 1702. This law basically says you can’t obstruct correspondence by hiding letters or destroying them before they’re delivered.
Oh and you’re definitely not allowed to open up other people’s letters or packages without permission. Even if it was delivered to your address by mistake!
Violating this law can land you in prison for up to 5 years, plus fines.
I found some wild examples of people getting busted for this too:
This one nosy landlord who got caught opening tenants’ mail to snoop for cash payments. She got 2 years probation.
An identity thief who stole people’s mail and used their info to open credit cards. He got 18 months in federal prison.
A couple mail carriers who were steaming open greeting cards to take cash and gift cards. They both plead guilty to mail obstruction charges.
So I don’t care how curious you are — don’t open mail that isn’t addressed to you! It can seriously be considered a federal crime, even if you don’t take anything.

What About Mail Fraud Schemes?

Now things get even more serious if you use the mail to commit fraud. This includes scams, extortion, blackmail, or other shady stuff involving the U.S. Mail.
There’s a whole category of federal charges for “mail fraud” under Section 18 U.S. Code § 1341. This law basically says you can’t use postal mail, private delivery services, etc to intentionally deceive people and deprive them of property or honest services.
Some examples of crazy mail fraud schemes:
Sending fake invoices and pocketing the payments
Extorting people by mailing them blackmail letters
Running telemarketing scams over the phone and using mail to collect payments
Billing health insurance plans for medical procedures that never happened
As you can imagine, penalties for mail fraud are severe. You’re looking at up to 20 years in federal prison and massive fines! Prosecutors do not mess around with these charges.
There was this one doctor who ran an elaborate mail fraud scheme where he billed Medicare and private insurers over $100 million for fake medical services. He got 45 years in federal prison!
So if you’re foolish enough to try running any kind of mail fraud operation, just know that mail inspectors and federal agents will come after you hard. And you could end up being locked up for decades as a result. The penalties are just not worth the risk!

What Defenses Work Against Mail Theft Charges?

If you do get slapped with federal charges for mail theft, fraud or obstruction, having a solid legal defense strategy is crucial.
One defense that sometimes works is saying you had “implied consent” to open or take someone’s mail. Like if you accidentally opened a letter delivered to your address with the same name. Or someone asked you to get their mail while they were traveling.
Lack of criminal intent can also be a defense against mail theft. Like if you took a letter from the mailbox thinking it was yours or a delivered package got mixed up with your stuff. If it was just an honest mistake, showing no intent to steal could help.
You may also try arguing there’s not enough evidence you committed mail theft or fraud. If the prosecution’s case hinges on circumstantial evidence or unreliable witnesses, highlighting those flaws could raise reasonable doubt.
Insanity is another rare defense where you argue mental illness prevented you from knowing right from wrong. Though that requires getting a psych evaluation showing you were delusional, schizophrenic, etc.
See, lots of angles you can take to fight federal mail charges! But your chances really depend on the specifics of your case and your criminal history.
That’s why if you’re being investigated or charged federally, you need an experienced criminal defense lawyer on your side. A good mail theft attorney can evaluate defenses and negotiate for reduced charges or dismissals.
Trust me, doing that is way better than risking years in prison!

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now