Federal Mail Theft Charges: Postal Service Violations.

18 U.S.C. § 1708 is the federal statute that specifically targets USPS mail theft. As the U.S. Department of Justice explains, it is a federal crime for anyone to “steal mail,” and it applies to mail that is “in the possession of the U.S. Postal Service (USPS) or anyone else.” If you are being charged with mail theft, this is likely the statute that the federal government is relying on to build its case against you.

Under section 1708, “Whoever, knowing that any letter, postcard, printed matter, sealed package, box, parcel, mail, or other matter or thing goes into the mails, or is in the possession of the United States Postal Service, or has been delivered by the United States Postal Service... Steals, takes, or unlawfully possesses, by theft, fraud, or other unlawful means, any mail matter, or matter or thing received through the mails... Shall be fined under this title, or imprisoned for not more than five years, or both.”

1. Stealing, Taking, and Unlawfully Possessing USPS Mail

As noted above, section 1708 has a broad scope that includes “stealing, taking, or unlawfully possessing, by theft, fraud or other unlawful means, any mail matter, or matter or thing received through the mails.” Here, “mail matter” includes any property that is in the possession of the Postal Service or that has been delivered.

2. Obtaining USPS Mail Through Fraud and Deception

Section 1708 also covers obtaining mail through fraud or deception. This includes mail that is otherwise lawfully in the Postal Service’s possession. As noted, fraudulently diverting mail addressed to someone else to oneself can be a violation of section 1708 as well.

3. Removing the Contents of a Mail Package or Envelope

Section 1708 also covers abstracting or removing an article or thing contained in a letter, package, bag, or mail. This provision includes, but is not limited to, mail that was obtained by fraud or deception.

4. Concealing, Opening, and Destroying USPS Mail

Additionally, 18 U.S.C. § 1702 also provides for criminal penalties against anyone who “conceals, destroys, or opens any mail matter, or other thing sent through the mails, before it is delivered, with the intent to impede delivery or otherwise divert, intercept, or steal the mail matter, or other thing sent through the mails.”

5. Buying or Receiving Stolen USPS Mail

Finally, knowingly buying or receiving stolen mail can also lead to criminal penalties under section 1708. This, too, makes it vital to seek legal representation immediately if you are being charged with stealing or attempting to steal U.S. Mail.

Which facts distinguish accidental possession from intentional § 1708 mail theft?

1. What counts as USPS mail theft?

§ 1708 is a theft statute. It applies to stealing mail that has not yet been delivered, and stealing mail that has already been delivered. It applies when a person steals envelopes, boxes, packages, and other forms of mail. It applies to envelopes and packages, and it applies to the things inside envelopes and packages.

Stealing checks, credit cards, gift cards, and new items delivered in the mail are some of the most common allegations of mail theft. While fraud and mail fraud are also crimes, mail theft does not require proof of a fraudulent scheme; this is one of several key differences between mail theft and the various forms of mail fraud.

2. What counts as “stealing” or “unlawful possession” under § 1708?

Under section 1708, the government will need to prove that you “stole,” “took,” or “unlawfully possessed” someone else’s mail, the contents of someone else’s mail, or another thing sent through the mails.

Generally, these allegations of theft require proof of criminal intent. Simply possessing someone else’s mail does not automatically prove that you stole it or intended to steal it. However, stealing mail that is intended for someone else, or stealing new items from the mail, both constitute mail theft.

Accidental possession of another person’s mail or a new item delivered in the mail may not constitute unlawful possession under section 1708. For example, if you receive a misdelivered package, it should be considered under the circumstances when determining whether you are guilty of criminal mail theft. Similarly, receiving mail addressed to a previous tenant is not necessarily unlawful; the circumstances, including the recipient’s knowledge and conduct, matter.

3. What is not mail theft?

Many of the examples listed above will not constitute unlawful possession of U.S. Mail in most cases. For example, fraudulently diverting someone else’s mail to yourself can be a violation of section 1708. Mail fraud, too, requires more than merely “touching” another person’s mail or misusing it. Again, these are all crimes, but they require proof beyond the allegations of theft.

When can mail-related conduct support fraud, fictitious-address, conspiracy, or identity-theft charges?

1. What is mail fraud under U.S.C. § 1341?

In addition to the statutes that address theft, deception, and other offenses involving the Postal Service, other federal laws address fraud and other criminal conduct that targets individuals and companies. 18 U.S.C. § 1341 separately targets schemes to defraud or obtain money or property by false or fraudulent pretenses, representations, or promises that use the Postal Service or a private or commercial interstate carrier.

Section 1341 covers matter or things placed in or delivered through the Postal Service, as well as matter or things deposited with or delivered by a private or commercial interstate carrier in furtherance of the fraudulent scheme.

As the Department of Justice explains, in order to qualify as a federal offense under section 1341, a mailing must be used in the context of “a scheme or artifice to defraud, or for the purpose of executing, transmitting by means of the mails, or attempting to execute, transmit by means of the mails, or otherwise obtain by means of the mails, money or property in hand, of another, or obtain by means of the mails control or beneficial ownership of any money, securities, credit, or assets or any other property of another.”

As noted above, private or commercial interstate carriers are also subject to liability for fraudulent schemes that use mail, including cases of mail theft where the items allegedly stolen are transported via private or commercial carriers.

2. Who can be prosecuted for mail fraud?

If you are accused of orchestrating or participating in a scheme to defraud someone, you can face prosecution for mail fraud even if you did not personally send the fraudulent mailing. Mail fraud can also be the basis of other federal criminal charges such as conspiracy to commit an offense under federal law and attempt to commit identity theft or a crime involving “fraudulent representation, fictitious address, or other means of which are unlawful.

The firm's New York office sits at 233 Broadway, a short walk from the federal courthouse in lower Manhattan.

How do USPIS and federal prosecutors move a mail case toward charges?

1. Which federal law enforcement agency handles mail cases?

At Spodek Law Group, we know that if you are under investigation for mail theft or other violations of the Postal Service, it is the United States Postal Inspection Service (USPIS) that is likely conducting the inquiry. Along with mail theft, the USPIS is responsible for all other postal fraud and theft cases. This includes mailbox theft and vandalism, theft of USPS mail by current or former postal employees, and theft committed in the vicinity of postal mail drop boxes, sorting facilities, and other USPIS facilities. While the USPIS investigates most mail-related cases, some of these offenses, such as identity theft or bank fraud, may be subject to a law enforcement inquiry conducted in conjunction with another federal agency. These agencies include, but are not limited to, the FBI, IRS, and Secret Service.

2. How does federal prosecution for mail theft or mail fraud work?

If the United States Postal Inspection Service (USPIS) finds evidence of criminal conduct, this information will be forwarded to federal and potentially state prosecutors to determine if the matter warrants prosecution. Federal and state law enforcement agencies work in conjunction on many types of cases and this approach to handling them is a result of the “Dual Sovereignty Doctrine.” This means that a federal prosecutor and a state prosecutor can both pursue criminal charges based on the same conduct, provided that there are separate federal and state laws that are applicable.

3. When is it likely that a case involving theft will be prosecuted?

As explained by the Department of Justice, federal prosecutors take into account a number of factors when deciding whether to press charges in mail theft cases. An isolated, low-value mail theft incident does not necessarily warrant prosecution, but factors such as the value of the stolen property, number of victims, nature of the alleged scheme, and circumstances of the investigation will be at the center of the prosecutor’s analysis. Additionally, if any elements of the alleged mailing theft involve interstate activity, federal prosecutors will be even more likely to move the case toward federal charges.

How long can the government prosecute, and what can a conviction cost?

1. What is the statutory penalty for a mail theft offense under 18 U.S.C. § 1708?

According to 18 U.S.C. § 1708, a theft offense is punishable by “ a fine under this title, or imprisonment for not more than five years, or both.”

2. What are the statutory penalties for the various forms of federal mail fraud?

Under 18 U.S.C. § 1341, a mail fraud offense can carry a maximum sentence of 20 years’ imprisonment in addition to, or in place of, substantial statutory fines. However, additional mail fraud offenses can carry different statutory penalties as well. For a violation of 18 U.S.C. § 1341 that affects a financial institution or involves a presidentially declared major disaster or emergency, the maximum imprisonment is 30 years; otherwise, the maximum imprisonment is 20 years. For individuals, this particular statutory penalty includes statutory fines of up to $250,000.

3. How does a mail-related fraud conviction affect a defendant’s sentence?

The consequences for mail fraud depend on the specific type of offenses charged. When it comes to sentencing in federal fraud cases, federal judges must start by correctly calculating the applicable advisory Guidelines range. With respect to calculating a defendant’s offense level under the USSG, loss amount plays a significant role under USSG § 2B1.1. This guideline explains that “the guideline issues base offense levels based on intended or actual loss.”

With respect to “intended loss” in identity theft and mail fraud cases, this can mean that the calculations that set your sentence may rely on money or property that you never had the chance to keep. This includes, for example, checks, bank statements, and credit cards.

In addition to loss calculations, the number of victims involved, and whether you used sophisticated means to carry out a mail-related fraud scheme, all of these are examples of factors that could increase your sentencing guidance under the USSG.

Get Advice on Your Situation

If you want someone to look at the specifics of your case, Spodek Law Group handles federal criminal defense nationwide from New York and Los Angeles. The firm has been practicing since 1976 and its motto is simple: we owe loyalty to only you. Call 888 348 8028.