Theft of Mail – 18 U.S.C. § 1708 Sentencing Guidelines

Thanks for visiting Spodek Law Group, a second-generation firm managed by Todd Spodek with over 40 years of combined experience defending clients against federal charges. Section 1708 criminalizes stealing, taking, or abstracting mail from post offices, postal routes, letter carriers, or mail receptacles. Maximum sentence: 5 years imprisonment. The statute protects the sanctity of mail—Congress decided that tampering with correspondence deserves federal prosecution with serious penalties because reliable mail service is essential to commerce and communication.

This isn’t just about stealing birthday cards. Mail theft encompasses identity theft operations where criminals steal tax documents and credit card offers, check-washing schemes where thieves alter stolen checks, and organized retail theft where crews steal packages from porches and mailboxes. What starts as simple theft becomes federal crime once mail is involved.

The Postal Monopoly and Federal Jurisdiction

Why is mail theft federal rather than state crime? Because the Constitution grants Congress power to establish post offices and post roads. That authority extends to protecting mail from theft. Every piece of mail belongs to the United States until delivered to the addressee. Stealing mail isn’t just theft—it’s theft of federal property.

This expansive federal jurisdiction means someone who steals mail from a residential mailbox commits federal felony carrying 5-year maximum. State larceny of that same item would be misdemeanor with 90-day maximum if the value is under $1,000. Federal prosecution isn’t mandatory but it’s available whenever prosecutors want to use it.

Postal Inspectors—federal law enforcement officers most people don’t realize exist—investigate mail theft with the same resources FBI uses for bank robberies. They have arrest authority, conduct undercover operations, use surveillance, and work with federal prosecutors. Mail theft isn’t a minor offense that postal officials handle administratively. It’s serious federal crime that leads to felony convictions and prison time.

What Counts as Mail Theft

Taking mail from mailboxes, stealing from postal collection boxes, pilfering from mail trucks, removing mail from post offices. The statute covers mail “before it’s delivered to the person to whom it’s directed.” Once postal carriers place mail in recipients’ mailboxes and complete delivery, stealing it becomes state larceny rather than federal mail theft—though prosecutors might charge both.

That technical distinction matters. Someone who follows a mail carrier, watches them deliver mail, then immediately takes packages from porches might not violate Section 1708 if delivery was complete. They committed state theft but not federal mail theft. But someone who takes mail from mailboxes before recipients retrieve it—even if carriers already delivered—arguably violates Section 1708 because delivery isn’t complete until recipients actually receive the mail.

Courts interpret “before delivery” broadly to maximize federal jurisdiction. Practically any theft involving mail can be charged under Section 1708 if prosecutors want federal prosecution.

The Package Theft Epidemic

Amazon, UPS, and FedEx packages sitting on porches create irresistible targets. Thieves follow delivery trucks, grabbing packages moments after carriers leave. Some estimates suggest 1 in 12 Americans have had packages stolen from their homes. That’s tens of millions of thefts annually.

Most porch pirates face state prosecution or no prosecution—police lack resources to investigate minor package theft and criminals are rarely caught. But when package theft becomes organized operation, when defendants steal hundreds of packages, or when high-value items are targeted systematically, federal prosecutors charge Section 1708.

The sentencing disparity is stark. State package theft might yield probation for first offense. Federal conviction under Section 1708 produces 6-12 months imprisonment even with acceptance of responsibility, plus restitution and federal supervision. The same conduct results in dramatically different consequences based solely on whether prosecutors decide to charge federally.

Sentencing Based on Stolen Items’ Value

Guidelines Section 2B1.1 calculates offense levels from loss amounts. Mail theft of items worth under $6,500 yields offense level 6, roughly probation to 6 months. Between $40,000 and $95,000 reaches level 10. Over $550,000 hits level 16.

Sophisticated means enhancement adds 2 levels when defendants used complex schemes—following carriers on routes, using inside information from postal employees, operating organized theft rings. More than minimal planning adds another 2 levels if defendants targeted specific types of mail or established patterns of theft over time.

A defendant who stole 200 packages over 6 months, with total value of $75,000, starts at offense level 10. Add 2 for sophisticated means, 2 for more than minimal planning, reaching level 14. That’s 15-21 months at Category I. With acceptance bringing it down to level 11, they’re still facing 8-14 months federal prison time.

Compare that to state prosecution where 200 package thefts might yield 6 months county jail with possibility of probation. Federal sentencing produces harsher outcomes for identical conduct.

Identity Theft Through Mail Theft

Many Section 1708 prosecutions involve identity theft. Thieves steal mail to obtain tax returns, bank statements, credit card offers, and Social Security information. They use stolen identities to open fraudulent accounts, file false tax returns claiming refunds, or commit various financial frauds.

When mail theft facilitates identity theft, prosecutors charge both offenses. Section 1708 for the mail theft, 18 U.S.C. § 1028A for aggravated identity theft. The identity theft charge carries mandatory 2-year consecutive sentence—meaning it must run after, not concurrent with, the mail theft sentence.

That mandatory consecutive provision creates severe sentencing. Someone convicted of mail theft (12 months) and aggravated identity theft (mandatory 2 years consecutive) serves 3 years total. There’s no judicial discretion to run sentences concurrently, no acceptance of responsibility reduction on the mandatory minimum, no downward variance. The 2 years is mandatory regardless of circumstances.

Defense strategy focuses on avoiding the identity theft enhancement. If prosecutors can prove mail was stolen but can’t prove defendant actually used stolen identity information, only Section 1708 applies. That distinction—between stealing mail that contained identity information versus actually using that information—is worth 2 years of mandatory consecutive imprisonment.

Check Washing Operations

Thieves steal checks from mail, use chemicals to remove the payee and amount, rewrite checks to themselves, and deposit them. Banks honor the checks because the account holder’s signature is genuine—they just don’t realize the rest was altered.

Check washing combines mail theft (Section 1708), bank fraud (18 U.S.C. § 1344), and often identity theft. Prosecutors charge all three, creating multiple felony counts from single theft operation. A defendant who stole 50 checks and deposited them faces 50 mail theft counts, 50 bank fraud counts, and potentially 50 identity theft counts if they used victim information. That’s 150 felony charges for what’s essentially one ongoing scheme.

The count multiplication is legally permissible but coercive. Defendants facing 150 counts accept plea offers to 3-5 counts, even when trial might result in fewer convictions. The psychological pressure of imagining jury convictions on 150 counts and potential consecutive sentences drives plea acceptance.

When Postal Employees Steal Mail

Postal workers who steal from the mail they’re supposed to deliver face Section 1709 prosecution—embezzlement by postal employee, carrying 5 year maximum identical to Section 1708. But Section 1709 applies specifically to postal employees, making their conduct more culpable than theft by outsiders.

Postal employee theft gets prosecuted aggressively. The Postal Service maintains zero tolerance—every theft investigation results in termination and criminal referral. Career mail carriers with 20-year unblemished records who steal one package face federal prosecution and lose their jobs, pensions, and health insurance.

These cases rarely go to trial. Surveillance footage from post offices or GPS tracking on mail trucks provides overwhelming evidence. Defendants plead guilty, hoping acceptance of responsibility yields probation or minimal prison time. Courts usually impose 4-8 months imprisonment, recognizing the theft violated position of trust but considering defendants’ loss of career and pension as significant punishment beyond the criminal sentence.

The Restitution Problem

Courts order restitution covering value of stolen items. For high-volume package theft, that means restitution totaling tens of thousands. A defendant who stole 300 packages worth $80,000 owes that full amount in restitution even though they sold the items for a fraction of retail value or discarded many packages after realizing contents weren’t valuable.

Retail value versus resale value creates enormous disparity. Prosecutors calculate restitution using victims’ purchase prices—the $500 they paid Amazon for stolen headphones. But defendants might have sold those headphones for $100 on secondary market. Defense argues restitution should be actual harm—the $100 market value, not the $500 retail value that includes Amazon’s markup.

Courts typically order restitution based on victims’ losses regardless of defendants’ gains. That means defendants serve prison time then face lifetime wage garnishment for amounts they can never repay. Someone who netted $10,000 from mail theft pays $80,000 in restitution over decades through 25% wage garnishment from whatever minimum-wage jobs they find.

Why Federal Prosecution Isn’t Always Necessary

State theft laws adequately address most mail theft. Package theft, mailbox pilfering, stolen checks—all are prosecutable under state larceny statutes with appropriate penalties. Federal prosecution adds nothing except harsher sentences and federal conviction collateral consequences.

The argument for federal jurisdiction is that mail system integrity requires federal enforcement, that state prosecutors lack resources or interest in mail theft cases, and that federal deterrence is necessary. But these justifications ring hollow when state systems handle more serious theft cases routinely and when federal prosecution seems motivated more by available jurisdiction than by necessity.

Selective federalization of mail theft creates disparities. Defendants in jurisdictions with aggressive federal prosecutors face felony convictions and federal prison. Identical conduct in other jurisdictions results in state misdemeanor prosecution or no charges. Geography shouldn’t determine whether conduct is prosecuted as 90-day misdemeanor or 5-year federal felony.

If you’re charged with mail theft or under investigation by Postal Inspectors, contact Spodek Law Group immediately. Mail theft prosecutions develop quickly—Postal Inspectors use surveillance, package tracking, and witness interviews to identify suspects rapidly. Federal charges often get filed before defendants realize they’re under investigation. We represent defendants charged with everything from single-package theft to organized mail theft operations. Early legal representation allows us to negotiate with prosecutors about whether federal prosecution is necessary, challenge loss calculations that drive sentencing severity, and present mitigation about our clients’ circumstances. Mail theft cases often involve people who made terrible decisions during financial desperation or who underestimated the seriousness of federal mail theft charges. We’re available 24/7.