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 Ohio, 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 law requires two elements to establish mail fraud: (1) the existence of a scheme to defraud or the intention to perform fraudulent acts, and (2) the use of mail services to execute or attempt to execute this scheme. Importantly, the use of mail does not need to be an essential component of the fraud; it is sufficient if it is used at any point in furtherance of the fraudulent activity. Conviction for mail fraud can result in severe penalties, including long prison sentences, substantial fines, orders for restitution to victims, and probation. An attorney can provide specific guidance on the implications of this federal law and its application in cases that occur within Ohio.
