When the U.S. Postal Service, or any interstate mail carrier, is used to further a criminal act, it is considered to be mail fraud. In order for an individual to be convicted of mail fraud, certain specific elements must be proven. These include:
The perpetrator must have acted with the intent to scheme or defraud a person or entity. The scheme must have involved material misstatements or purposeful omissions. The scheme or fraud resulted in, or would likely have resulted in the loss of property, honest services, or money. The perpetrator must have used the mail in some manner to further the scheme to defraud.
Mail Fraud Penalties
While mail fraud penalties vary depending on the exact nature of the fraud committed, the penalties are very serious. Fines and restitution are only the beginning when it comes to punishing perpetrators of mail fraud. Other mail fraud penalties may include:
Fines – A single count of mail fraud may result in a fine as high as $250,000. If the fraud involves a financial institution, or federal disaster relief, the fines may be as high as $1 million per occurrence. Restitution – Perpetrators are commonly ordered to repay the victims for their losses as a result of the fraudulent acts. Restitution is ordered in addition to any other penalties. Probation – A perpetrator of mail fraud may be ordered to serve one to five years on probation, in addition to fines and restitution. During probation, the perpetrator’s activities are closely monitored. Imprisonment – Perpetrators of federal mail fraud are often sentenced to spend up to 30 years in prison for each offense. The stiffest penalties apply to mail fraud that involves financial institutions, federal disaster relief programs, or other special victims.
