Legal definition of mail fraud

The legal definition of mail fraud is a federal crime that is defined in 18 U.S. Code § 1341. It states:

"Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give, assign, transfer, obtain, or take any property of another, or to obtain credit or the forbearance of either secured or unsecured indebtedness, with intent to defraud, and having communicated or caused to be communicated to any person, in writing, by means of a postal service established by Act of Congress, or deposited in a post office or official depository, takes or receives, or offers to take or receive, from any person, in writing, any property or benefit, or to deliver or cause to be delivered, to or for the use of any person, any writing, paper, or document, or to take or receive, or offer to take or receive, from any person, in writing, any signature or other authentication, shall be fined under this title or imprisoned not more than 20 years, or both."

In simpler terms, mail fraud is the use of the United States Postal Service or other interstate mail services to execute a scheme to defraud or obtain money or property through false or fraudulent means. The key elements of mail fraud are:

  1. A scheme or artifice to defraud: The defendant must have devised or intended to devise a plan to defraud someone of money or property.
  2. Intent to defraud: The defendant must have intended to defraud or deceive the victim.
  3. Use of the mail: The defendant must have used the United States Postal Service or other interstate mail services to execute the scheme.
  4. Communication in writing: The defendant must have communicated or caused to be communicated to the victim in writing, either directly or indirectly.
  5. Property or benefit obtained: The defendant must have obtained or attempted to obtain money or property from the victim.

Mail fraud can take many forms, including:

Mail fraud is a serious crime that can result in significant fines and imprisonment. If you are accused of mail fraud, it is essential to seek the advice of an experienced criminal defense attorney to protect your rights and interests.