Mail Cover Surveillance Program.

But, as we’ve noted, mail-cover surveillance is not mail fraud. The U.S. Postal Inspection Service uses mail-cover surveillance to monitor mailing activity in federal investigations that involve a wide range of different criminal allegations. While these investigations can end in prosecution under a federal statute like U.S.C. § 1341, there are numerous other laws that allow for the use of mail-cover surveillance during the fact-finding process.

As a result, understanding mail-cover surveillance requires an analysis of when postal monitoring is authorized, what its constitutional limits are, and what (if anything) its products will show on the stand in federal courtroom proceedings.

Which Federal Investigative Steps Can Follow a Suspected Postal Offense?

Once a federal criminal investigation is underway, the next steps will vary depending on the type of federal offense(s) under consideration and the specific federal agency (or agencies) involved. Federal criminal investigations can involve the Federal Bureau of Investigation (FBI), Drug Enforcement Administration (DEA), Department of Homeland Security (DHS), Internal Revenue Service (IRS), Department of Health and Human Services (HHS), and many other agencies. If you are facing the possibility of federal criminal charges, it is important to speak with a federal defense lawyer right away, and that includes speaking with a defense lawyer if you have recently received a target letter. A target letter does not necessarily mean that a federal prosecutor will file charges, but it does mean that a federal law enforcement agency has already begun an investigation and believes that you are in the center of the case. In addition to target letters, federal law enforcement agencies can pursue a variety of other investigative steps as well. These include (but are not limited to):

• Civil Investigative Demands. The pages that follow detail how civil investigative demands can be used by federal law enforcement agencies to collect documents, written answers, and/or oral testimony. As discussed on the following pages, civil investigative demands generally precede civil lawsuits filed under federal laws, and, in many cases, they are regarded by lawyers and judges as administrative investigative orders.
• Federal Grand-Jury Subpoenas. Similar to civil investigative demands, federal grand-jury subpoenas require individuals and companies to provide information for the purpose of a federal grand-jury proceeding. However, in contrast to civil investigative demands, grand-jury subpoenas are court-issued orders that can demand the production of documents and/or oral testimony, depending on the nature of the request.
• Failure to Respond to a Grand-Jury Subpoena. If an individual fails to comply with a grand-jury subpoena, the presiding judge can order a contempt hearing under Rule 17(g) of the Federal Rules of Criminal Procedure. If this contempt hearing results in a finding of contempt, then the individual could potentially face a fine, jail time, or both.

How Could a Mail-Cover Issue Affect a Federal Case Before and After Trial?

In federal criminal cases, the burden of proving the charges falls upon the prosecutors. This means that federal agents and prosecutors must be able to demonstrate beyond a reasonable doubt that an individual or entity is guilty of the crime(s) at issue.

Our firm handles federal criminal cases. While many people assume that a federal criminal case begins with a jury trial and ends with a sentence (if applicable), this is far from the truth. Federal criminal cases often involve multiple pretrial matters, and they can include negotiations with the government, jury trials, and appeals. For example, if you are facing a federal criminal case involving alleged crimes that your government has tried to document through mail-cover surveillance, there may be grounds to file a pretrial motion to exclude the evidence prosecutors collected. This is true because, under the law, there are several limits on how the U.S. Postal Inspection Service can use mail-cover surveillance to assist in federal criminal investigations.

Generally speaking, federal crimes are prosecuted in United States District Court. In the federal judicial system, United States District Courts sit below the United States Courts of Appeals and the Supreme Court. If an individual or company is accused of a federal crime, their case begins in U.S. District Court, and if the defendant chooses to appeal, their case will proceed up through the federal court system to the relevant United States Court of Appeals. As a result of being charged in federal court, individuals and companies can face serious real-world consequences. Even if the defendant does not ultimately go to jail, facing federal charges can trigger serious employment, licensing, immigration, and housing consequences.

If a defendant is convicted of a federal criminal offense, the judge will then determine the defendant’s sentence in accordance with federal sentencing law. Along with the statutory maximums for the relevant crime(s), this includes sentencing under the federal Sentencing Guidelines. As a result, understanding federal sentencing requires understanding both statutory maximums and the Sentencing Guidelines. As we explain in detail on the following pages, the U.S. Sentencing Guidelines are advisory and serve as starting points for judges to determine appropriate penalties while taking individual circumstances into account.

Why are several supposed federal defense rules unsupported by these sources?

The provided source for the DOJ Manual contains the following language regarding grand-jury guidance: “The principles and procedures described in this Manual are intended to provide guidance for prosecutors. They do not generally operate to impose judicially enforceable obligations on prosecutors or to establish judicially enforceable substantive rights of criminal defendants.” The provided sources do not establish the hardest crime to defend. Generally speaking, while some crimes may be harder to defend than others, this is highly dependent upon the specific facts and circumstances involved. For example, while mail fraud may be a particularly difficult crime to defend when based on clear evidence of mailing a fraudulent scheme, the same may not be true when based on circumstantial evidence or other types of evidence. The provided sources do not identify a Florida criminal-law 33-day rule. The provided sources do not establish an 80/20 rule governing lawyers. The provided sources do not identify lawful lawyer tricks for criminal defense. Generally speaking, there are no secrets or “tricks” involved in criminal defense. Instead, successful defense requires an intimate knowledge and understanding of the law and the legal system. It also requires a commitment to ensuring that the relevant facts and circumstances are on the table, and that clients receive a fair defense. It takes experience and a comprehensive understanding of the legal issues involved to ensure the client receives a fair outcome. This is a far cry from relying on any supposed tricks or secrets.

Contact a Federal Criminal Defense Attorney

Nothing here is legal advice, and the details of your case matter. Todd Spodek and Spodek Law Group take federal criminal and white collar cases nationwide, from offices in New York, Brooklyn, Queens and Los Angeles. You can reach the firm at 888 348 8028.