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 the state of New Mexico, as in all states across the United States, mail fraud is considered a federal crime under 18 U.S.C. § 1341. This statute defines mail fraud as having two primary elements: (1) the existence of a scheme to defraud or the intention to perform fraudulent acts, and (2) the use of the mail system to execute or attempt to execute this scheme. It is important to note that the use of the mail does not need to be a central component of the fraud; it is sufficient that it is used at some point in furtherance of the fraudulent activity. For instance, mailing a fraudulent college application can result in mail fraud charges. Being a federal felony, those convicted of mail fraud can face severe consequences, including long prison sentences, substantial fines, the requirement to pay restitution, and probation.