What is Mail Fraud?
Mail fraud is among the oldest types of fraud offenses to be prosecuted in the United States, with the federal Mail Fraud Statute dating back to 1872. To put it another way, prosecutions for federal mail fraud have been taking place for more than 150 years, and according to the United States Postal Inspection Service (USPIS), mail fraud has been occurring as early as 1865. In the present day, mail fraud can be prosecuted whenever a person uses the United States Postal Service (USPS) in any capacity to defraud or attempt to defraud another person, and charges can occur under federal or state law. Our Tampa fraud defense attorneys can tell you more in detail below.
History of the Crime of Mail Fraud
According to the USPIS, the post office and federal mail system was being used for schemers to make fraudulent “promises of land, lotteries, and gifts,” and by 1866, a bill was introduced “to protect the public and postal system from mail fraud” — meaning any type of fraud or attempt to defraud that used the US mail system.
That early proposed legislation was enacted, but it did not have much of an effect. By 1872, what is now the Mail Fraud Statute became law, making it a criminal offense “to use the mail to defraud another.” That federal law also created Postal Inspectors to investigate fraudsters using the United States Postal Service (USPS), or US Mail.
Federal Law Against Mail Fraud
Mail fraud can be defined as “any fraud that uses the US Mail — whether it originates in the mail, by phone, or online,” according to the USPIS. There are many types of mail fraud schemes that can occur, and the USPIS identifies the following as common ones that are investigated and prosecuted under the Mail Fraud Statute, 18 USC 1341:
- Schemes targeting retirees for investments;
- Schemes targeting military veterans related to benefits and special discounts;
- Lottery and sweepstakes “winning” schemes;
- Check-cashing schemes;
- Pyramid schemes;
- False job offers;
- Postcards mailed out to lure a recipient into a telemarketing scheme; and
- Credit card fraud, check fraud, and other forms of financial fraud.
There are two key elements of mail fraud under federal law, which are cited by the US Department of Justice:
- 1) Having devised or intending to devise a scheme to defraud; and
- 2) Use of the mail for the purpose of executing, or attempting to execute, the scheme.
Florida Communications Fraud Act and Mail Fraud Prosecutions Under State Law
It is also possible to face mail fraud-related charges under Florida law. The Florida Communications Fraud Act allows for a state prosecution of mail fraud based on the same facts used to bring federal charges.
Contact a Tampa Criminal Defense Attorney for Assistance Defending Against Mail Fraud Charges Under Federal or State Law
Are you currently facing fraud charges under the federal Mail Fraud Statute or under the Florida Communications Fraud Act? It is essential to begin working with an experienced Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. as soon as possible. These are serious charges that can result in severe consequences if you are convicted. Our firm can begin working with you to build your defense strategy today. Do not hesitate to reach out to us to find out more about how we can assist you.
Sources:
uspis.gov/history-spotlight-2023/history-of-the-mail-fraud-statute
justice.gov/archives/jm/criminal-resource-manual-940-18-usc-section-1341-elements-mail-fraud
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.034.html
