Laws on
Federal Mail Fraud---> mail without stamps not indicating Country of
Origin (metered mail)
Anyone who
uses the U.S. mail in an attempt to engage in fraud runs the risk of being
prosecuted under the federal mail fraud law. One of the most frequently
prosecuted federal laws, mail fraud is often charged by federal prosecutors
because it can apply in so many situations, and because it applies to anyone
who uses the mail.
Postal
Service and Other Carriers
While
mail fraud crimes often involve the use of the United States Postal Service, or
USPS, you can also commit the crime when you use any interstate carrier, such
as FedEx, UPS, or other delivery services. Mail fraud crimes apply to these
businesses because the carriers cross state lines when they perform their
services.
Intentional
Mail
fraud must be committed intentionally, which means that using the mail to
accidentally or unintentionally cause someone else to lose money or property is
not mail fraud. Federal law requires that a person engage in some kind of
scheme or plan to defraud someone else of something valuable, and must have an
intent to defraud. However, prosecutors do no have to actually show the state
of mind of a person in order to prove mail fraud. Intent is almost always shown
by the circumstances surrounding the case.
Defraud,
Not Just Deceive
Courts
have held that mail fraud schemes must involve a scheme to defraud someone --
to get something for nothing. This means that simply using misleading or
deceptive mailings while offering a legitimate service or product is generally
not fraud.
For
example, you might receive a sales offer in a letter that, from its appearance,
seems to be from a government agency (in fact, it's from a private company).
While the letter may be visually misleading, as long as the company is offering
a legitimate product and trying to obtain new customers, it is not engaging in
mail fraud. On the other hand, a person who sends a letter claiming to be from
a government agency in order to convince the recipient to hand over money is
committing mail fraud.
Truth
and Material Misrepresentations
Schemes
to defraud usually involve mailings containing lies, misrepresentations, or
falsities that lead the letter's recipient to act. This type of a statement is
known as a material misrepresentation, and these are a necessary part of mail
fraud. A material misrepresentation is a statement that causes victims to do
something they probably wouldn't have done if the statement had never been
made. However, if you use the mail in support of any fraud, fraud scheme,
the mailings you send do not necessarily have to contain any falsehoods. If,
for example, you send a letter to someone that contains correct information,
but do so in order to follow up on a call or as part of a general plan to
defraud, this too is mail fraud.
Use,
Caused Use, and Attempts
You
don't have to personally mail your letter to be convicted of mail fraud.
Federal law makes it a crime anytime someone “used or caused another to use”
the USPS or another carrier in a fraud attempt. Further, mail fraud occurs
whenever a person attempts to defraud someone else by using the mail, meaning
you don't actually have to succeed in defrauding someone else to be found
guilty.
Other
Fraud
While
mail fraud is a widely applicable crime, it doesn't apply in all fraud cases. For
example, if you use a phone or email to fraudulently convince someone to pay
you money and the crime never involves use of the mail; you have not committed
mail fraud. However, there are numerous other federal fraud laws that can apply
in other fraud schemes, which do not use the mail, such as wire or computer
fraud.
Penalties
Mail
fraud penalties are potentially very significant. While the specific penalty a
court imposes will differ significantly based on the circumstances of the case,
any mail fraud conviction can result in high fines, long prison sentences, and
other penalties.
Incarceration. The
potential prison penalty for a federal mail fraud crime is very stiff. Each
offense can result in a sentence of up to 20 years in federal prison. However,
the penalty can be harsher if the crime involves specific victims or elements.
When, for example, a fraud scheme involves federal disaster relief or where the
victim is a financial institution, sentences of 30 years per offense are
possible.
Fines. Mail
fraud fines are also very high. A conviction for a single count of mail fraud
can result in a fine of up to $250,000. For fraud involving financial
institutions or federal disaster relief, fines of up to $1 million per offense
are possible.
Probation. Mail
fraud convictions can also result in a probation term. Anyone sentenced to
probation has to spend a specific amount of time, typically one to three years
or more, abiding by specific court conditions in lieu of serving prison time.
These conditions limit the person's liberties, such as by requiring the
probationer to regularly report to a probation monitor, submitting to random
home searches or random drug tests, not associating with known criminals, and
not committing other crimes.
Restitution. When
a mail fraud scheme succeeds in defrauding someone of property or causes harm
to a victim, courts make restitution a part of the sentence. Restitution
payments are made to the victims so they can recover what they lost as a result
of the fraud. Restitution payments must be made in addition to fines, and when
probation is given, are made a condition of the sentence.
Under
UPU (Universal Postal Union) regulations “Impressions… shall
bear the name of country of origin in roman letters - Art 8; RL 115.3.1 (franking
machine, a machine that automatically stamps
letters or packages passing through it and computes the total charge
“All postage stamps valid for prepayment shall be cancelled” - Art 8; RL 117.3
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