What is Mail Fraud?
Mail fraud is a crime prosecuted typically by the federal government under 18 U.S. Code 18 U.S. Code § 1341.
It criminalizes the following action:
- devising or attempting to devise a scheme, or uses a counterfeit coin, security or other item
This element of the law states that you intent must be to engage in deceitful conduct or conduct a scam
- to defraud or obtain property, or
The scam must be for the purpose of obtaining money, property or some good. This obtaining of an economic advantage is required to prove criminality.
- and uses mail for that purpose is guilty if the crime of mail fraud, and faces up to 20 years in prison and/or a fine
Most importantly, what sets mail fraud apart from other types of fraud, is, you guessed it, the fact you need to use the mail in a deceptive scheme in order to be guilty of this section of the act.
Mail fraud is a very popular tool that the federal goverment employs when fighting crime. This is primarily based on the fact that the mail system is interstate, which brings it under the federal jurisdiction. That means if anyone uses it for illicit purposes, they would attract a federal investigation and, if found guilty at trial, a federal penalty, as well.