MAIL FRAUD CHARGES
Mail fraud is defined as the use of the U.S. Postal Service in any criminal attempt to gain money or things of value. The original crime carries its own penalties in addition to the penalties involved with mail fraud, regardless of whether the original crime is tax fraud, health care fraud, or any other number of possible offenses. By using the Postal Service or other private or commercial interstate carrier, the crime is raised to the level of mail fraud and therefore incurs enhanced punishment, which may include a separate federal prosecution for crimes that would otherwise be matters of state jurisdiction.
The United States Code Section 1341 provides punishment for anyone involved in an attempt to fraud or swindle who “places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service…or commercial interstate carrier” or otherwise involves the Postal Service or commercial state carrier in such attempt to fraud or swindle. It states that such a person shall be fined and/or imprisoned for not more than 20 years. Furthermore violations affecting financial institutions are punishable by a fine of not more than $1,000,000, imprisonment for not more than 30 years, or both. United States Code Section 1342 provides that the use of a fictitious name or address through the mail is potentially punishable by a fine and/or up to five years in prison. It is important to note that simply attempting or conspiring to commit these crimes is punishable by the same penalties as those who actually succeed in committing the offenses.
If you are suspected of or charged with mail fraud, it is very important that you seek our legal services early. At Kestenbaum, Eisner, & Gorin, LLP, our attorneys have over 50 years of combined experience in criminal defense. Contact us today if you have been charged with mail fraud so we may begin forming your defense at once.