Mail fraud is a federal crime and is committed when the United States Mail, the United States Postal Service, or a private or commercial interstate carrier is used to commit a fraud. 18 U.S. C. §1341. Mail fraud has two elements: (1) the defendant devised or intended to devise a scheme to defraud, or to perform fraudulent acts; and (2) the defendant used the mail for the purpose of executing, or attempting to execute the scheme or fraudulent acts.

It is not necessary that the mail be an essential part of the fraudulent scheme. For example, a person who makes a fraudulent application for admission to a college or university and mails the application may be charged with mail fraud.

Mail fraud is a felony offense with potential punishments of decades-long prison sentences, financial penalties, restitution obligations, and probation terms.

In Montana, as in all states, mail fraud is governed by federal law, specifically 18 U.S.C. § 1341. This statute makes it a crime to use the United States Mail, the United States Postal Service, or any private or commercial interstate carrier to commit acts of fraud. The two essential elements of mail fraud are: (1) having a scheme to defraud or to perform fraudulent acts, and (2) using the mail system to execute or attempt to execute this scheme. It is important to note that the use of mail does not need to be an integral part of the scheme; incidental use can still result in mail fraud charges. Those convicted of mail fraud can face severe penalties, including long prison sentences, substantial fines, orders for restitution, and probation. As a federal crime, mail fraud cases are prosecuted by federal attorneys and are adjudicated in federal courts.