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Mail Fraud and Federal Prosecution Risks
Mail fraud is more than just a deceptive letter—it’s a federal crime with serious consequences. Under 18 U.S.C. § 1341, using the U.S. Postal Service or any interstate mail carrier to carry out a fraudulent scheme can result in federal charges, even if no money changed hands. In Texas, individuals accused of mail fraud often face federal prosecution, which means longer investigations, higher penalties, and tougher sentencing guidelines. In this post, we explain how mail fraud is defined, what triggers federal jurisdiction, and what penalties and defenses apply. If you’ve received a target letter or suspect you're under investigation, speak with a skilled attorney near you before your case escalates.
Mail Fraud and Federal Prosecution Risks
Mail fraud is a serious federal offense that carries significant penalties. Understanding the legal definitions, potential consequences, and defense strategies is crucial for anyone facing such charges.Wikipedia+7Criminal Defense Lawyer+7Wikipedia+7
Understanding Mail Fraud
Under 18 U.S.C. § 1341, mail fraud involves:Eisner Gorin LLP+6Varghese Summersett+6LegalClarity+6
- A scheme to defraud: Devising or intending to devise a plan to defraud someone of money, property, or honest services.
- Use of mail: Utilizing the U.S. Postal Service or any private or commercial interstate carrier to execute or attempt to execute the scheme.Wikipedia+2Department of Justice+2Texas Criminal Defense Group+2Department of Justice+5Wikipedia+5Varghese Summersett+5
The scheme does not need to be successful; the intent and use of mail are sufficient for prosecution.
Common Mail Fraud Schemes
Mail fraud can encompass various deceptive practices, including:
- Sweepstakes and lottery fraud: Sending letters claiming the recipient has won a prize, requiring payment to claim it.
- Telemarketing fraud: Using mail to solicit funds for fake charities or investments.
- Employment fraud: Offering fake job opportunities to extract personal information or money.
- Financial fraud: Sending counterfeit checks or money orders.
- Fraud against vulnerable populations: Targeting elderly individuals or veterans with deceptive mailings.
Federal Penalties for Mail Fraud
Mail fraud is a felony offense with severe penalties:
- Standard cases: Up to 20 years in federal prison and fines up to $250,000 per count.
- Involving financial institutions or federal disaster relief: Up to 30 years in prison and fines up to $1 million per count.Texas Criminal Defense Group+1Houston DWI Lawyer+1
Additional consequences may include restitution to victims and supervised release after imprisonment.
Texas State Law on Mail Theft
While mail fraud is primarily a federal offense, Texas law addresses mail theft under Texas Penal Code § 31.20. Penalties vary based on the number of addresses involved:LegalClarity+1Findlaw+1
- Less than 10 addresses: State jail felony.
- 10 to 19 addresses: Third-degree felony.
- 20 to 49 addresses: Second-degree felony.
- 50 or more addresses: First-degree felony.Findlaw
These charges can be pursued alongside federal mail fraud charges, depending on the circumstances.
Legal Defenses Against Mail Fraud Charges
Defending against mail fraud charges requires a strategic approach. Potential defenses include:
- Lack of intent: Demonstrating no intention to defraud.
- Good faith: Arguing that the defendant believed the representations were true.
- Insufficient evidence: Challenging the adequacy of the prosecution's evidence.
- Statute of limitations: Asserting that the time limit for prosecution has expired.
Conclusion
Mail fraud charges carry serious federal penalties, including lengthy imprisonment and substantial fines. If you or someone you know is facing such charges, it's crucial to seek experienced legal representation.
Contact Walker Law Office at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to schedule a consultation and protect your rights.
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