What Is Mail Fraud
Mail Fraud is a White Collar federal crime in the US outlined under 18 U.S.C. section 1341. It is when an individual is dishonest and deceitful in an attempt to obtain money or property, as well as other goods. Of course, there is a mailing element in the commitment of this type of fraud by the individual. This includes using U.S. mail or another delivery service in a way that impacts multiple states. Important elements of fraud include the intent to defraud and dishonesty.
The federal mail fraud law in in the United States is contained under 18 U.S.C. section 1341. This means that the United States Postal Inspection Service will investigate matters of using the mail to commit fraud within the United States. It is important for the instance of fraud to cross state lines. This will allow it to be investigated by this organization as a federal crime. Otherwise, if use of the mail for fraud happens within one state, it will be state authorities that investigate the case. It will be the job of the prosecution to prove that the defendant is guilty of using the U.S. mail or another delivery service to commit fraud. Either way, the penalties for fraud can be long and expensive for an individual.
As a federal crime, using the U.S. Mail to commit fraud is serious and the penalties can be severe. Penalties can include imprisonment, significant fines and restitution. An offense of using the mail for fraud can incur a prison sentence of up to 20 years. In certain circumstances, individuals may face up to 30 years imprisonment. If your penalty includes a fine, this can be up to $250,000. This can be per count of fraud. In special circumstances, each offense can amount to $1 million.
Restitution is possible in some cases, as well as probation. This means compensating the victim. It is important to realize that the severity of your fine or sentence will depend on the individual facts of the case.
TALLAHASSEE, FLORIDA – Joseph Sides, 24, of Boca Raton, Florida, was arraigned yesterday in the U.S. District Court in Tallahassee after a federal grand jury returned an indictment charging him with conspiracy, 8 counts of wire fraud, and 4 counts of mail fraud. The indictment was announced by Christopher P. Canova, United States Attorney for the Northern District of Florida.
The indictment alleges that, between March 2016 and June 2018, Sides created approximately 501 Amazon accounts using false names, multiple e-mail addresses, and altered shipping addresses to place approximately 1227 orders. Sides allegedly obtained $229,391.42 in merchandise, replacements, and refunds by falsely claiming the merchandise had not been delivered or was damaged. According to the indictment, Sides sold the Amazon merchandise using online retail services, such as eBay, Craigslist, and Gameflip.
Orlando, Florida – United States Attorney Maria Chapa Lopez announces that Brian R. Kucharski (28, Lake Mary) has pleaded guilty to using the mail to commit fraudulent acts. Kucharski faces a maximum penalty of 20 years in federal prison. A sentencing date has not yet been set.
According to the plea agreement, Kucharski created eBay accounts using stolen and fraudulently obtained personal identifying information, including the names and dates of birth of over 500 individuals. Kucharski negotiated the fraudulent sale of fictitious products, predominantly gift cards, through eBay. The eBay customers paid for the items through fraudulent PayPal accounts that were created by Kucharski.