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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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Mail Fraud Federal Defense Attorney

By Spodek Law Group | July 26, 2023
(Last Updated On: August 1, 2023)

Last Updated on: 1st August 2023, 01:30 am

Mail fraud is almost always charged as a federal offense, and this means that the charges are brought by a federal prosecutor. This crime generally involves deception with the intent to obtain some kind of financial benefit or material gain through the use of the postal service.

The interstate postal systems involved might also include USPS and other carriers, and the crimes can still be classified as mail fraud. However, sometimes mail fraud can be prosecuted by the state’s attorney. This is generally an issue of jurisdiction, and this will vary from one case to another. Federal jurisdiction over any criminal activity involving multiple states categorizes most mail fraud cases as felony offenses. However, the actual charges that will be brought for each case are determined by their particular characteristics.

Mail Fraud Crimes

The crime of mail fraud is defined by an intent or scheme to use mail services to obtain material benefit at the expense of someone. There is usually some deceitful intent involved, but it could also involve something like intellectual property. Mail fraud crimes can also include charges of tax fraud and healthcare fraud.[1]

Some mail fraud cases involved the fraudulent use of mail to receive unearned benefits from government programs like Medicare, for example. However, the particular type of mail fraud will vary widely, and this depends on many factors. The defense should be handled by a qualified and experienced criminal mail fraud lawyer who understands how to defend your case against an aggressive federal prosecutor.

Penalties for Mail Fraud

There can be serious penalties for committing mail fraud, and the punishments can include hefty prison sentences. For example, some mail fraud offenses have incurred a 30-year prison sentence. Fines can range widely, but some have been as high as $1 million. The federal judge has the discretion to determine the sentence, but this should make it clear that any action that can be taken to reduce the charges or dismiss the case should be pursued relentlessly.

Using a fictitious address and identity through the postal system can also be grounds for charges of mail fraud. If the prosecutor can prove that there was intent or an attempt was made to commit mail fraud, charges can be brought against the defendant. Generally, the law covers intent and activity; according to 18 U.S.C. § 1341, any attempt to scheme or plan to execute fraudulent activities using the mail system can be prosecuted under this statute. The defense requires a tenacious federal mail fraud defense lawyer; work with a profession who earns your trust and respect.

These charges can cover a range of activities. This might include a fraudulent attempt to sell property that doesn’t belong to the person perpetrating the fraud, for example. If the attempted sale involves using the mail system to convince the buyer to send the money for the illegitimate property, this is a case of mail fraud. The mail fraud charge can also cover a range of schemes involving the postal system. One example of mail fraud was a schemes involving a physician using fraudulent claims of transplanting human eggs. There are many other equally graphic schemes that could be amusing if not for the damages caused to their victims. Mail fraud carries a five-year statute of limitations.[2]

Legal Defenses for Mail Fraud

Avoiding a conviction should be a top priority because a felony count of mail fraud is almost impossible to expunge from your criminal record. The defense of good faith is a viable way for a federal defense attorney to argue that there was no intent to deceive. This is one method that can be used for legal arguments by a qualified federal mail fraud defense attorney, for example. The quality of this defense strategy can make a material difference in the outcome of the case, so only hire the most experienced lawyers for your mail fraud case.

Defendant, Mail Fraud Charges

Facing mail fraud charges can be easier with the services of a federal mail fraud defense attorney. There are many defense strategies available; the one you use will depend on the circumstances of the case. For example, if the mail fraud happened because a letter was improperly handled during delivery, the blame might be reduced because there was no intent. If you handled the mail in a scheme without knowledge of the contents, and you had no other involvement in the scheme, the charges might be dropped or reduced.[3]

There are many other defense techniques available when you contact a qualified federal mail fraud defense lawyer. This might include tactics like proving that the mishandled mail didn’t contribute to the actual execution of fraudulent activities. The court might rule against you even if the mail played an incidental role in the fraud scheme, but there are other defense methods that can be used during the process. Since the burden of proving fraud is on the federal prosecutor, your legal defender can increase this burden until reasonable doubt is reached. Contact a federal mail fraud lawyer to discuss the details of your mail fraud case.


[1] https://www.justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud
[2] https://sgp.fas.org/crs/misc/R41931.pdf
[3] https://www.law.cornell.edu/wex/mail_fraud

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