MAIL FRAUD

Have you been CHarged with mail fraud and need the best mail fraud defense lawyer?

If you have been accused of mail fraud, there are a few essential steps you should take that can help you get through this situation.  The first is to read further to get more information on the details of the charge, the possible consequences, defenses, and next steps.   At any time, however, it is critical that you make a call to Gallian Firm, an experienced, award-winning mail fraud lawyer who will help you navigate the next steps and fiercely defend you in any pending charges, at the state or federal level.

First, here is a bit more about what you need to know about mail fraud.

mail fraud attorney

What IS Mail FRAUD?

Mail fraud allegations consist of two elements: Devising a scheme to defraud an individual or entity and the intent to use mail for the purpose of executing a crime. This charge often results from other criminal allegations, including health care fraud, tax fraud, and other illegal means of obtaining financial gain. These cases are evaluated when the United States Postal Service (USPS) or private mail carrier is used to commit these crimes These fraudulent crimes, as well as others, that involve using United States Postal Service (USPS) to transport illegal items, using fake names and addresses, and/or simply conspiring to commit a crime involving mail transport are considered a felony which are charged at the federal level.

IS THERE A STATUTE OF LIMITATIONS AS TO WHEN MAIL FRAUD CHARGES HAVE TO BE FILED?

Yes. With some exceptions, offenders can be tried up to five years after the act has been committed.

If the mail fraud impacts or involves a financial institution, the statute of limitations can be 10 years.

HOW DOES THE STATE OF TEXAS ASSESS MAIL FRAUD?

Texas Mail Fraud Laws refer to general mail fraud as any fraud that   works through USPS, UPS, or FedEx carriers.

What Are the FEDERAL Penalties for Mail Fraud?

There are potentially severe penalties if you are convicted of mail fraud.  It is a crime against the federal government so subject to federal sentencing guidelines. 

The penalties for mail fraud vary greatly based on the unique circumstances of each case. This is because generally other crimes are also involved.

In the least severe circumstances, mail fraud convictions carry up to 20 years in federal prison. Sentencing increases significantly when other elements are present. You could face up to 30 years behind bars and 1 million dollars in fines if, for example,  a financial institution is impacted by your crimes.

What is the law that governs mail fraud in the us?

mail fraud charges

Title 18 of the United States Code Section 1341 is the law that provides the definition of mail fraud. 

The section reads: “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 away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)), or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

How Can a mail fraud defense lawyer Fight mail fraud CHARGes?

The prosecution will need to prove beyond a doubt that you knowingly and willing committed mail fraud . Prosecutors will be required to demonstrate that your false statements and/or other fraudulent acts were committed with the intent to deceive and that damages resulted from these actions, and that the USPS was used to some extent in the commission of these fraudulent acts.  This is not a low bar to prove. 

A mail fraud defense lawyer like Gregg Gallian of Gallian Firm LLC will create a powerful defense strategy that creates reasonable doubt. Several strategies may be utilized that a criminal defense attorney with experience will know how to use effectively. 

Strong Defense Strategies for MAIL FRAUD INCLUDE:

  • Innocent Mistake
  • Lack of Intent
  • Coercion

Which of these strategies would be the most effective will depend on the unique factors in your case.

The prosecution will need to prove beyond a doubt that you knowingly and willing committed mail fraud . Prosecutors will be required to demonstrate that your false statements and/or other fraudulent acts were committed with the intent to deceive and that damages resulted from these actions, and that the USPS was used to some extent in the commission of these fraudulent acts.  This is not a low bar to prove.

What to Do Next if Charged with MAIL Fraud:

Do not waste any time.  Do not talk to others about your case.  Do not panic. Mail fraud comes with federal charges, and knowing what to do in this type of situation can make all the difference. An experienced federal defense attorney  like Gregg Gallian will, in a free consultation, help you understand the best way to protect your rights.  Do not hire an inexperienced attorney who has no deep understanding of federal law and how to fiercely defend clients in a federal courtroom. Reach out for  a free case review and let Gregg Gallian work aggressively to defend you and not let things get out of hand!

schedule your free case review

Christopher E.
5/5 Stars
Read More
I worked with Gregg Gallian and had amazing results! I contacted a different lawyer at the beginning of my case and had no communication, effort and I even started to question whether I was forgotten about. I made the change and got with Mr. Gallian and he was quick and effective with making progress with my case! He was always professional, very communicative, knowledgeable in what he does and will get you good results! I highly recommend him and I know I'll be contacting his firm if I ever need to again.
Matt C.
5/5 Stars
Read More
Gregg was an amazing lawyer. He and his team were incredibly professional from the start and Gregg was just as passionate about my issue as I was. He cared - which is something many lawyers don't do. He expedited resolution to my issue and sought to restore justice. I am eternally grateful for him and his colleagues. I had been fighting this issue for 6 months and within 2 weeks of hiring him, it was resolved. Highly recommend if you are in need of a lawyer.
Natalie R.
5/5 Stars
Read More
Thank you! Truly, the Gallian Firm, is the representation you want and need when hopeless situations arise! We worked directly with Gregg and he was a wonderful listener, discussed options, and stood by throughout the process…And well beyond! He was always available to help ease worries and answer questions. He has great patience and doesn’t give up! We are so grateful to have found Gregg and would recommend him to anyone! Thank you again!
Jazmin C.
5/5 Stars
Read More
Greg Gallian came highly recommended by a nationally renowned attorney. In our stressful situation, he put our mind at ease and handled our situation with the utmost attention and diligence. Thank you, Greg for your expertise and professionalism. We are forever grateful for having you on our team!
Valerie P.
5/5 Stars
Read More
Thorough, respectful and communicative! We went with Mr. Gallian after having a lack luster lawyer. We immediately saw the difference in approach, he truly goes above and beyond, as well as the employees in the office. He got us the best possible outcome, something that wasn't even given as an option with our previous lawyer! I'd recommend his services to anyone. I can't thank him enough for his work.
Dawn O.
5/5 Stars
Read More
Mr. Gallian was upfront and professional in every interaction. He communicated his game plan effectively and set realistic expectations for us heading into court. We were very pleased with the outcome!

Table of Contents