How the charge is framed
Federal mail fraud generally requires a scheme to defraud and use of the mail, or a private interstate carrier, to carry it out. The mailing itself does not have to contain a lie; it is enough in many cases that it played a part in furthering the scheme. Prosecutors often charge each mailing as a separate count, which can make an indictment look larger than the underlying conduct. The Postal Inspection Service frequently investigates these cases, sometimes alongside the FBI or other agencies.
Where defenses tend to focus
Arguments often concern intent: whether the defendant meant to deceive, believed statements were true, or relied on others. The Supreme Court has narrowed and clarified in recent years what kinds of interests count as property for fraud statutes, and that has affected some theories of prosecution. Questions about whether a misstatement was material, whether a mailing was truly connected to the scheme, and whether the government has proof of each count are also common. Reviewing discovery carefully, including emails, financial records, and witness statements, is essential.
Steps to take now
If you have received a target letter, subpoena, or indictment, avoid discussing the case with coworkers or others who may be witnesses, and keep all documents. In an initial consultation, we review the charging document or investigative materials, identify the alleged scheme and mailings, and discuss potential exposure under the advisory sentencing guidelines. We also look at related issues such as forfeiture, restitution, immigration status, and professional licensing so that decisions about trial or resolution are made with full information. If your business is still operating, we discuss how to handle mailings, marketing, and customer communications while the case is pending.
