What is Mail Fraud?
Often times the United States Attorney's Office will seek mail fraud indictments. Mail Fraud is considered by the United States Postal Service as an illegal and fraudulent use of the united states postal service (USPS) to propagate fraudulent or criminal activities. Typically this is to defraud the recipient of the mail and is typically tied in to defrauding financial institutions as well by stealing identity of others (identity theft).
Mail fraud in Kansas City, Missouri includes use of the USPS for mail fraud in order to obtain money from a fraudulent piece of mail. Another often time use of mail fraud is the support of a fraudulent company using the USPS mail service, such as a Ponzi scheme or other illegal enterprise. Ultimately, mail fraud is using the mail service in a pre-planned effort for fraudulent or criminal means, to deceive the recipient of the mail. This can include the counterfeiting of other entities via physical mail for fraudulent purposes.
Another common method of mail fraud is sending out false invoices or collections notices demanding payment from mail recipients that are completely false, however; they are used to deceive the recipient in to paying immediately via mail or money transfer to settle the false invoice.
One additional type of mail fraud is the charged party using an unsuspecting individual to receive and send out fraudulent mail unknowingly in return for payment or promise of payment.
You can learn more regarding the specifics of mail fraud in the United States code of federal crimes prosecuted by the department of justice (typically field offices) by viewing the Title 18, Section 1341 statute. Found by clicking here.
This statute reads:
"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck v. United States, 489 U.S. 705, 721 n. 10 (1989); see also Pereira v. United States, 347 U.S. 1, 8 (1954) ("The elements of the offense of mail fraud under . . . § 1341 are (1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme."); Laura A. Eilers & Harvey B. Silikovitz, Mail and Wire Fraud, 31 Am. Crim. L. Rev. 703, 704 (1994) (cases cited).
What are the penalties for Mail Fraud in Kansas City, Missouri?
- First you will face fines, measured upon your unique circumstances.
- If a bank, insurance company or financial institution is defrauded, their is the potential for a fine of not more than $1,000,000
- You can face up to 30 years in prison, and that can be along with the fine of up to $1,000,000
- If you are simply using a fictitious name and address, the offense is punishable by a fine along with up to 5 years in prison.
Why should you choose Matt O'Connor as your Kansas City Mail Fraud attorney?
Matt O'Connor has over 20 years of trial experience in Kansas City criminal defense
cases. He specializes in criminal defense, is well respected and has extensive experience working on federal and felony cases which is EXTREMELY important when selecting a criminal defense attorney.
Matt O'Connor has previously been a National Fox News legal contributor, and a professor of law and evidence, a published author for the Missouri Bar, a certified expert for attorney standards and representation; and foremost a mail fraud trial lawyer that is passionate about his clients' freedom and defense.