mail fraud

Mail fraud is a federal offense in US law consisting of using the postal service or a private carrier as part of a fraudulent scheme intended to obtain money or property from others by means of false pretenses, promises or misleading representations. The provision in 18 U.S.C. § 1341 requires two central elements for charges to be brought: first, that an actual scheme to defraud exists — a deliberate and devised plan to deceive — and second, that the mail or a private interstate carrier was concretely used as a step in carrying out that scheme. It is not a requirement that the entire offense take place through the mail; it is sufficient that a single mailing furthered the fraud.

In cases such as Sherri Papini's staged kidnapping in California, the mail fraud charge arose because she had received and used public funds — including compensation from victim assistance programs — and because communications and documentation tied to the false kidnapping claim were conveyed through channels that triggered federal jurisdiction. Similarly, romance scammers such as Derek Alldred can be charged with mail fraud when, in connection with their fraudulent relationships, they use the postal service to send false documents, checks or other materials as part of the deception.

The maximum penalty is 20 years' imprisonment plus a fine, but it is raised to 30 years if the offense targets a financial institution or occurs in connection with a nationally declared disaster. Mail fraud is one of the most frequently used charges in federal criminal cases, precisely because use of the mail is sufficient to give federal authorities jurisdiction over offenses that would otherwise be primarily a state matter.

The term should not be confused with wire fraud, a parallel provision applying to electronic communication such as telephone and the internet. In modern criminal cases the two charges often appear side by side, since fraudsters typically use several communication channels at once.