Why the mail still matters
Mail fraud is the older sibling of wire fraud: a federal charge for a scheme to defraud that used the Postal Service or a private interstate carrier somewhere along the way. The mailing does not need to contain the false statement itself; a check, an invoice, or a product shipment sent as part of the scheme can be enough. Cases often involve sweepstakes and prize notices, fake invoices sent to businesses, mail-order products that did not perform as promised, and schemes aimed at older people. The U.S. Postal Inspection Service is the main investigating agency, though other agencies often join. As with wire fraud, the dispute usually centers on intent and on whether statements were materially false.
Records a mailing business should keep intact
If your business sends mail or ships products, the government will often look at the materials themselves: the mailers, scripts, product claims, and customer complaints. Keep copies of every version of your marketing, records showing who approved the wording, refund and complaint logs, and contracts with mail houses or list brokers. Do not delete records or alter materials already sent, and make decisions about pausing or revising a campaign with counsel. Employees who wrote copy or handled complaints may be contacted, and some may need their own lawyer. If inspectors arrive with a warrant, do not obstruct the search, ask for a copy of the warrant, and call counsel.
Shaping the response
Early on we review what the government has asked for or taken, and we learn how the business operated: who designed the offers, how complaints were handled, and what customers actually received. We look at whether the matter could be resolved administratively or civilly, through the Postal Service, the FTC, or a state attorney general, or whether it is headed toward criminal charges. We also consider the individual exposure of owners and managers apart from the business itself. Then we set priorities for preserving records, dealing with banks and payment processors, and responding to investigators.
