Federal Mail Fraud Charges Under 18 USC 1341: America’s Oldest White Collar Crime
So your probably facing federal mail fraud charges and your confused because you thought mail fraud was about sending fake sweepstakes letters. Maybe you mailed invoices for a business prosecutors are calling fraudulent. Maybe there’s allegations you used FedEx or UPS to deliver contracts they claim contained misrepresentations. Or maybe your just accused of receiving checks through mail as part of scheme to defraud. Look, we get it. Your ABSOLUTELY OVERWHELMED by these charges. And you should be TERRIFIED! Because mail fraud under 18 USC 1341 carries 20 YEARS in federal prison and prosecutors charge mail fraud alongside wire fraud in almost EVERY white collar case!
What Is Federal Mail Fraud Under 18 USC 1341?
Let me explain the oldest prosecutorial weapon in white collar arsenal. Mail fraud statute enacted in 1872 and has been called the “first line of defense” against fraud! Originally targeting confidence schemes using postal service but now applied to EVERYTHING!
The statute has TWO simple elements but prosecutors twist both against defendants! Must prove: (1) scheme to defraud, and (2) use of mails for purpose of executing scheme! That’s it! No need to prove success, actual loss, or even that victim was deceived!
Here’s what’s really scary – “use of mails” includes USPS, FedEx, UPS, and any private interstate carrier! Since 1994 amendment, statute isn’t just about postal service! Any package crossing state lines satisfies element! Invoice mailed by UPS? Mail fraud! Contract delivered by FedEx? Mail fraud!
EVERY mailing is separate count! Sent monthly statements to 100 customers in business prosecutors claim was fraudulent? That’s 1,200 mail fraud counts per year! Each carrying 20 years maximum! We’ve seen indictments with 500+ mail fraud counts from routine business mailings!
What Is a “Scheme to Defraud”?
Scheme element is interpreted INCREDIBLY broadly!
Scheme to defraud is any plan or artifice to deceive others to obtain money or property by false pretenses! Doesn’t need to be sophisticated – single lie can constitute scheme! Business idea that fails? Prosecutors recharacterize as fraudulent scheme!
Originally statute only covered schemes to defraud of money or property! But Congress added “honest services” in 1988 after Supreme Court’s McNally decision! 18 USC 1346 defines scheme to defraud to include deprivation of intangible right of honest services!
“Honest services fraud” targets public corruption and private fiduciary breaches! Employees owe honest services to employers! Public officials owe them to citizens! But Supreme Court in Skilling v. United States limited this – honest services fraud requires bribery or kickback scheme! General breach of duty without kickback isn’t enough!
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196Recent 2024 ruling in United States v. Solakyan confirmed physician-patient relationship is fiduciary for honest services fraud! Medical imaging CEO convicted of paying $8.6 million in kickbacks for referrals! Court held doctors owe honest services to patients! Kickback schemes violate both property fraud AND honest services fraud!
Scheme doesn’t need to succeed! Attempted fraud is same crime as completed fraud! Don’t need to prove victims lost money or were actually deceived! Just that scheme existed with intent to defraud!
What Is “Use of Mails” Requirement?
Mailing requirement is LOW bar easily satisfied!
Must show mailing was “for purpose of executing” fraud scheme! Don’t need to prove mailing was essential to scheme – just that it furthered scheme in some way! Incidental mailings count! Routine business correspondence counts!
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
The defendant doesn’t need to personally mail anything! If VICTIM mails payment, that satisfies element! If third party mails something advancing scheme, that counts! Causing mail to be delivered is enough – don’t need to put stamp on envelope yourself!
“Lulling” doctrine expands prosecutions dramatically! Mailings AFTER fraud completed can be charged if designed to lull victims into false sense of security! Monthly statements to Ponzi victims showing fake profits? Each is mail fraud count! Follow-up letters assuring customer service is coming? Mail fraud!
You run an online retail business and a former employee tells the FBI that you've been mailing invoices to customers that overstate shipping costs, pocketing the difference. Federal prosecutors are now saying each invoice you sent through USPS over the past three years constitutes a separate count of mail fraud under 18 USC 1341.
How can they charge me with dozens of counts of mail fraud when it was all part of one billing practice?
Under 18 USC 1341, each individual use of the mail in furtherance of a scheme to defraud can be charged as a separate count, and each count carries up to 20 years in prison. Prosecutors routinely stack counts this way to increase sentencing exposure and pressure defendants toward plea agreements. However, a strong defense often challenges whether each mailing was truly 'in furtherance' of the alleged scheme or merely incidental to legitimate business operations. We would also scrutinize whether prosecutors can actually prove the specific intent to defraud required under the statute, since overbilling disputes are often civil matters that don't rise to the level of federal criminal fraud.
This is general information only. Contact us for advice specific to your situation.
This means scheme continues indefinitely through lulling mailings! Statute of limitations doesn’t start until LAST mailing! We’ve seen prosecutions for frauds from 10 years ago because defendant kept sending reassuring letters to victims!
Private carriers FULLY covered since 1994! FedEx, UPS, DHL – all satisfy mail fraud statute! Package must cross state lines but that’s automatic with these carriers! Defendant can’t avoid charges by using FedEx instead of USPS!
