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 Virginia, as in all states, mail fraud is considered a federal crime under 18 U.S.C. § 1341. This statute makes it illegal to use the United States Mail, the United States Postal Service, or any private or commercial interstate carrier to carry out a fraudulent scheme. The crime of mail fraud has two main elements: first, the existence of a scheme to defraud or the intention to perform fraudulent acts; and second, the use of mail services to execute or attempt to execute this scheme. Importantly, the use of the mail does not need to be a central component of the fraud; incidental use can still result in mail fraud charges. Conviction for mail fraud can lead to severe consequences, including long prison sentences, substantial fines, orders for restitution to victims, and probation. It is a felony offense, reflecting the seriousness with which the federal legal system treats crimes involving the postal system and fraud.