Responding to a Mail Fraud Civil Investigative Demand (CID)
So your probably reading this Civil Investigative Demand about mail fraud and your entire world is collapsing around you. Maybe the Postal Inspectors are investigating your marketing materials. Maybe someone claimed your mailings were deceptive. Or maybe your business correspondence crossed state lines with alleged “fraudulent intent.” Look, we get it. Your ABSOLUTELY TERRIFIED. And you should be! Because mail fraud under 18 USC § 1341 carries up to 20 YEARS in federal prison – or 30 years if a financial institution is involved!
What Is Mail Fraud and Why Is It So Dangerous?
Let me explain why mail fraud is one of the most dangerous federal charges you can face. The DOJ only needs to prove two elements: you had a scheme to defraud and you used the mail. That’s it! They don’t even need to prove anyone lost money or that the fraud succeeded!
“Using the mail” is interpreted so broadly its insane! Sending a letter? Obviously mail fraud. But also: FedEx packages (yes, private carriers count!), dropping something in a mailbox, causing someone else to mail something, even receiving mail as part of the scheme! We’ve seen prosecutions for receiving a check in the mail that was legitimately earned but prosecutors claimed was part of a “scheme”!
The really terrifying part? The Postal Inspection Service has been around since 1775 and they have a 98% conviction rate! These aren’t regular cops – there federal agents with massive resources who specialize in mail-related crimes. When Postal Inspectors get involved, people go to prison. PERIOD.
How Devastating Are Mail Fraud Penalties?
Sit down and grab something to hold onto because these numbers will make you sick. Standard mail fraud carries 20 years in federal prison and $250,000 in fines PER COUNT. Each piece of mail is a seperate count!
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(212) 300-5196Let me paint you a nightmare scenario. You sent out 1,000 marketing flyers for your business. A competitor claims they were deceptive. That’s potentially 1,000 counts of mail fraud. At 20 years each, your facing 20,000 YEARS in prison! Obviously nobody gets that, but prosecutors use it as a hammer to force guilty pleas.
But here’s where it gets really scary – if a financial institution is affected, penalties jump to 30 years and $1 MILLION per count! Customer paid by check? Financial institution affected! Used a bank’s return envelope? Financial institution affected! We’ve seen defendants facing centuries in prison for routine business mailings!
Who Are the Postal Inspectors and Why Are They So Feared?
The United States Postal Inspection Service is the oldest federal law enforcement agency and there absolutely ruthless! Postal Inspectors have full federal law enforcement authority including arrests, search warrants, and firearms!
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.
These aren’t mail carriers with badges – there highly trained federal agents who live and breathe mail fraud prosecutions. They have forensic labs that can trace every piece of mail, analyze handwriting, detect alterations, and even pull fingerprints from envelopes. There conviction rate is higher than the FBI, DEA, or ATF because they’re so specialized and thorough!
You receive a Civil Investigative Demand from the U.S. Postal Inspection Service requesting five years of marketing materials, customer lists, and internal correspondence related to your direct mail advertising campaign. The CID carries the weight of a federal subpoena and warns that failure to comply could result in a court enforcement action under 18 U.S.C. § 1341.
Do I have to turn over everything listed in this CID, or can I push back on some of these demands?
A Civil Investigative Demand is not unlimited in scope — you have the right to file a petition to modify or set aside the CID if it is unreasonably broad, burdensome, or seeks privileged materials under the federal rules governing administrative subpoenas. We would immediately review each category of documents requested and assert all applicable privileges, including attorney-client privilege and work product doctrine, to protect sensitive communications. Under 18 U.S.C. § 1345, the government must demonstrate that the materials sought are relevant to a legitimate mail fraud investigation, and we can challenge any requests that amount to a fishing expedition. Time is critical because CIDs carry strict response deadlines, and missing them can lead to judicial enforcement proceedings that dramatically weaken your negotiating position.
This is general information only. Contact us for advice specific to your situation.
What’s especialy terrifying is Postal Inspectors often work undercover. That customer who seemed really interested in your product? Could be a Postal Inspector gathering evidence. That vendor asking detailed questions? Possibly wearing a wire. We’ve seen entire businesses destroyed by undercover operations they never saw coming!
