Federal Mail Fraud

Federal Mail Fraud Defense with Attorney Josh Tomsheck and Hofland & Tomsheck

Mail fraud is one of the most frequently prosecuted federal crimes in the U.S. and applies to various fraudulent schemes that involve using the postal system. These charges cover a broad spectrum of illegal activities, from deceptive business practices to fraudulent investment schemes. Because of its scope, mail fraud allegations can be daunting, with serious consequences if convicted.

At Hofland & Tomsheck, Josh Tomsheck, a nationally board-certified criminal defense attorney, has years of experience successfully defending clients against mail fraud accusations. His in-depth knowledge of federal laws and commitment to personalized legal strategies make him an invaluable ally to anyone facing these serious charges.

Related Offenses

Mail fraud is often associated with or charged alongside other federal offenses, such as:

• Bank Fraud (18 U.S.C. § 1344): Fraud involving financial institutions, such as schemes to obtain money or property through deceit.
• Wire Fraud (18 U.S.C. § 1343): Fraud involving the use of electronic communications, such as emails, phone calls, or the internet.
• Securities Fraud (15 U.S.C. § 78j): Fraud involving the manipulation of the stock market or investment securities.
• Money Laundering (18 U.S.C. §§ 1956-1957): Concealing the proceeds of illegal activity, such as through wire transfers.
• Conspiracy to Commit Fraud (18 U.S.C. § 371): Planning or conspiring with others to engage in fraudulent activity.

What is Mail Fraud?

Mail fraud is prosecuted under 18 U.S.C. § 1341, which makes it illegal to use the U.S. Postal Service or any other mail carrier to further a fraudulent scheme. It applies to fraudulent activities that rely on sending or receiving mail, including both private and commercial services like UPS and FedEx.

Mail fraud is not limited to any single type of fraudulent activity. Any scheme to deceive someone using the mail system may qualify as mail fraud, even if the mailing itself is incidental to the overall plan. Whether you’re facing charges for an investment scam or misrepresented business deals, using mail in any capacity to carry out the scheme could trigger federal mail fraud charges.

Elements of Mail Fraud

To convict someone of mail fraud, federal prosecutors must prove several elements beyond a reasonable doubt:

1. Scheme to Defraud: The defendant must have participated in or created a fraudulent plan designed to deceive another person or business, typically for financial or material gain. This can include misrepresentations, deceptive promises, or false claims.
2. Intent to Defraud: The prosecution must show that the defendant acted with specific intent to deceive or cheat. Accidental errors or negligence alone are not enough; the government must prove deliberate deception.
3. Use of Mail Services: The fraudulent scheme must involve the use of the mail, whether it is the U.S. Postal Service or any other mail carrier. Even if the defendant didn’t personally send the mail, as long as the mailing was part of the broader fraud, the charge can still apply.
4. Resulting Harm or Attempted Harm: The government must demonstrate that the scheme resulted in harm, or could have caused harm, to the victim. Financial losses or material damage are typical forms of harm in mail fraud cases.

Even if a single letter or package is sent, it can lead to a federal charge if it is connected to a broader fraudulent scheme.

Common Types of Mail Fraud

Mail fraud can occur in many forms depending on the nature of the fraudulent activity. Some of the most common examples include:

• Investment Scams: Fraudulent solicitations sent via mail promise high returns on investments that don’t exist or never materialize.
• Prize and Lottery Fraud: Victims are misled into believing they’ve won a lottery or prize but are asked to send money for “processing fees” or taxes.
• False Charity Solicitations: Fraudsters send out mailers asking for donations to a fake charity, with the money being used for personal gain.
• Deceptive Business Practices: Businesses may send out misleading marketing materials, fraudulent contracts, or bogus invoices to deceive customers into paying for services or products that don’t exist.
• Check Fraud: Individuals mail fraudulent checks or money orders to trick recipients into exchanging them for money, goods, or services.

These examples illustrate how mail fraud can be applied to different forms of deceit. Any fraud that involves the use of mail can be prosecuted under federal mail fraud statutes, even if the mailing was only a small part of the larger scheme.

Penalties for Mail Fraud

The penalties for mail fraud can be severe, with long-term consequences that impact both your personal and professional life. Because it is a felony offense, mail fraud convictions can result in:

• Prison Time: A conviction for mail fraud carries a sentence of up to 20 years in federal prison. If the fraud involves a financial institution or relates to a natural disaster, the sentence can increase to 30 years.
• Fines: Individuals convicted of mail fraud may face fines of up to $250,000, while corporations or organizations involved in fraudulent schemes may be fined even higher amounts.
• Restitution: Defendants may be ordered to pay restitution to victims, which compensates for financial losses suffered as a result of the fraudulent activity.
• Asset Seizure: The government can seize any assets obtained through the fraudulent scheme, including money, property, or valuables connected to the case.

Federal mail fraud penalties are influenced by several factors, including the scale of the fraud, the amount of money involved, and any prior criminal history. Federal sentencing guidelines will help determine the length of the sentence, but judges have discretion in how they apply the penalties.

Defending Against Mail Fraud Charges

A charge of mail fraud does not guarantee a conviction. There are several defenses available to challenge the allegations, and it is essential to work with an experienced defense attorney like Josh Tomsheck to assess the specifics of your case. Some potential defenses include:

1. Lack of Intent: Mail fraud is a specific intent crime, meaning that the prosecution must prove you intended to defraud someone. If the defense can demonstrate that there was no intent to deceive or that your actions were the result of an honest mistake, the charges may be reduced or dismissed.
2. No Fraudulent Scheme: The government must show that a scheme to defraud existed. If there is no clear evidence of fraud, the case against you may be weak, and charges could be dropped.
3. Good Faith Belief: If you believed in good faith that your actions were legitimate, this may serve as a defense against mail fraud. This defense can negate the intent to defraud, which is a crucial element of mail fraud.
4. Insufficient Evidence: The prosecution must present concrete evidence tying you to the fraudulent activity. If the evidence is weak, circumstantial, or improperly obtained, your attorney may be able to challenge its admissibility and secure a favorable outcome.
5. Duress or Coercion: If you were forced to participate in the fraudulent scheme under threat, this may serve as a valid defense against mail fraud charges.

Each case is unique, and the best defense depends on the facts and evidence involved. Josh Tomsheck will thoroughly evaluate your case and develop a tailored defense strategy to help you fight the charges.

Why Choose Hofland & Tomsheck?

When you are facing federal mail fraud charges, having an experienced and skilled attorney is critical. Josh Tomsheck is a nationally board-certified criminal defense attorney with a successful track record of defending clients against federal charges, including mail fraud. His in-depth knowledge of federal statutes and his ability to craft personalized defense strategies make him a powerful advocate in the courtroom.

At Hofland & Tomsheck, we pride ourselves on providing client-focused representation. We understand that facing federal charges can be overwhelming, and we are here to guide you through the legal process while fighting to protect your rights. Whether through negotiation or trial, we work tirelessly to achieve the best possible results for our clients.

Contact Us for a Free Consultation

If you are facing federal mail fraud charges, it’s essential to act quickly. The sooner you involve an experienced defense attorney, the better your chances of mounting a successful defense. Josh Tomsheck and the team at Hofland & Tomsheck are ready to help.

Call us at (702) 895-6760 or complete our online contact form to schedule a free consultation. We’ll review your case, discuss your legal options, and begin building a defense strategy tailored to your unique situation.