The prosecutor can even prove "mailing" by pointing to an office's regular mailing procedures. You could face up to three years in prison and a $250,000 fine for each act of vandalism. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. Kerner was prosecuted by two attorneys who would later rise to high positions within the Republican party. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. Words or aids in buying, receiving, or concealing were omitted as unnecessary in view of the definition of principal in section 2 of this title. Pub. Violating some of these laws can come with serious penalties, whether it be years of prison time or high fines. He ended up taking a plea deal, pleading guilty to all counts and being sentenced to life in prison. Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. Pub. The activities the statute applies to are: Gambling Liquor violations and narcotics Bribery and corruption of local officials Labor racketeering Extortion Penalties for Mail Fraud A small business owner may receive a letter that looks like it came from a government agency. However, if these items were sent in the mail in the attempt to injure or kill someone, this penalty increases to 20 years. Alert Postal Inspectors to the problem and prevent others from being victimized. Because the United States Postal Service is a federal agency, mailboxes are considered federal property, and mail theft is charged as a federal offense. The potential prison penalty for a federal mail fraud crime is very high. However, intentionally tampering with mail that doesn't belong to you could have serious consequences. If you're worried about mailbox tampering, USPS recommends that you obtain Label 33 from the post office and affix it to your mailbox. Assault doesnt actually require physical harm to occur to the victim. Press Done after you complete the form. Small business owners can also be victims of mail fraud. A single item of mail can contain very sensitive information that can destroy a person's life if it gets into the wrong hands. Specifically, it is illegal to send an email threatening to kidnap or injure someone. Some tenants move out without providing a forwarding address or may go on vacation or travel for long periods of time without requesting an official hold from the local post office. The sticker carries the warning: "Willful damage to mailboxes or theft of mail are federal crimes (felonies) punishable by fine or imprisonment or both." Kan. 1926, 14 F.2d 280, involving indictment under section 317 of title 18, U.S.C., 1940 ed.) Protect Your Investments & Maximize Your Returns. For fraud involving financial institutions or federal disaster relief, fines of up to $1 million per offense are possible. They can then use your identity to take out loans, set up accounts, make large purchases, or any number of activities that can greatly damage your finances. Theft, destruction and defacement of a piece of mail a letter, postal card, package, box or bag from a private mailbox, collection box, postal worker or mail truck is classified as mail tampering. Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be . Typically, if they intentionally stole mail for the purpose of committing another crime, this sentence will run concurrent to sentences given for those other crimes. It is also illegal to destroy or tamper with any mail that has been placed in a mailbox. Federal prosecutors have successfully obtained mail fraud convictions for crimes committed by Charles Ponzi (Ponzi schemes), Bernie Madoff (investment fraud scheme), and Felicity Huffman (college admissions scandal), to name a few. Based on title 18, U.S.C., 1940 ed., 317, 321 (Mar. Property owners could also write a note to the mail carrier, informing them that the addressee is no longer at the address and request that mail delivery to them stop. Copyright Felonies.org 2023, All Rights Reserved. Postal Service with billions of letters and packages, and the vast majority of those arrive safely at their intended destinations. Under 18 U.S. Code876, these threatening communications through the mail can lead to charges of a fine or up to 20 years in prison, or both. It is a federal offense to tamper with a mailbox or the items in it. It comes with some heavyweight penalties, including five years' incarceration in a federal prison. Common fraud schemes charged under mail fraud include: Someone charged with mail fraud runs the risk not only of a felony conviction for that offense, with a significant fine and prison time, but a charge of racketeering as well. His conspirators were convicted of abetting fraud. Intentional Act Of Opening Mail Addressed To Someone Else. Another example of fraud taking advantage of the postal service is the case of Clifford Irving in 1971. We will call you to confirm your appointment. There are serious legal implications for mishandling a tenants mail. Across the road from Justice Precinct carpark. If you do not receive a check, credit card, or other valuable mail youre expecting, contact the sender as soon as possible and inquire about it. Neighborly service providers will follow the latest health and safety guidelines provided by the local and state governments. In addition to letters sent through the mail, it is also a federal crime to send threatening emails to another person. Taking Items Out of a Mailbox It's a federal crime to steal someone's mailbox, to steal mail from a mailbox, or to snatch mail items that are in the process of delivery. Mailbox Vandalism. 126, 10, 39 Stat. This also includes prescription drugs. With Real Property Management on the job, you can be confident that your tenants, and your property, are being professionally and legally cared for. Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you? 318, 43 Stat. 1949 Act. Identity theft is governed by 18 U.S. Code1028, and it states that someone charged with federal identity theft may receive a fine and/or up to 15 years in prison. The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. In addition, there may be sizable fines to pay. The potential prison penalty for a federal mail fraud crime is very high. Save pages and articles youre most interested in to read later on. (See sections 641 and 645 of this title.) Despite how carefully he studied Hughes handwriting, postal inspectors were still able to examine the handwriting on the alleged letters from Hughes to provide further proof that Irving was committing fraud. L. 91375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. He pleaded guilty and served 14 years in prison. Tampering or interfering with letters or other articles that are being delivered by Australia Post. However, he got greedy and tried to get more people in on the efforts in order to optimize profits. It may also come with up to 20 years in prison. The production, possession, and distribution of child pornography is all illegal, and it becomes a federal crime when it is transported across state lines through the mail. 1970Subsec. Additionally, if a crime occurs and a postal service was involved, theres a chance that it can turn from a state charge to a federal charge. For example, if you use a phone or email to fraudulently convince someone to pay you money and the crime never involves use of the mail, you haven't committed mail fraud. Postal Inspectors investigate these crimes and arrest thousands of mail and package thieves each year. This is a self explanatory one. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. Know Your Rights Beforehand. This worsens when the fraud involves a major disaster or emergency, increasing the fine to up to a million dollars and the prison sentence to 30 years. 162; July 28, 1916, ch. We can handle all of a propertys needs, which includes everything from the basic day-to-day tasks to the more unusual situations. 418; Feb. 25, 1925, ch. The investors all tried to pull out, and Ponzi was charged with 86 counts of mail fraud, with a price tag of seven million dollars. Otto Kernerwas a federal judge on the 7th Circuit Court of Appeals, having previously served as the Democratic Governor of Illinois. Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. You should be okay if you open mail accidentally, however, as long as you take the proper steps to reunite the mail with its owner. 18 U.S. Code1705 makes it illegal to deface, destroy, or take down someones mailbox. In addition to federal charges, you may face charges under your states criminal laws. There are dozens of ways that mail fraud becomes part of a criminal case. The case was part of a multi-year investigation into corruption at American Honda. Talking to a criminal defense lawyer who is familiar with mail fraud laws and who has experience with the local federal prosecutors and courts is the only way to ensure that your rights are protected at every stage of the criminal justice process. The United States Postal Service (USPS) or other private postal services often become involved when there are contracts, payments, and other communications that are mailed from the perpetrator to the victim and vice versa, making the crime federal mail fraud. A RICO conviction exposes the defendant to significantly more punishment in fines and incarceration. For that, you'll need to call your local U.S. L. 103322, title XXXIII, 330016(1)(I). Drop him a line if you like his writing, he loves hearing from his readers! Some examples of mail fraud include: investment fraud, not fulfilling a merchandise order, and insurance fraud. If a person steals parcels or letters from the USPS and is caught and charged for the crime, they may serve a prison sentence that lasts as much as three years. 111, postal employees of the USPS are also covered under this law. This law is contained in 18 U.S. Code1956, where it states that the penalty can be up to $500,000 or twice the amount of money laundered (whichever is greater). It is an offence to keep someone elses mail or to obtain it dishonestly, but if it is wrongly delivered to your mailbox and you open it by accident, you should not face criminal charges. It is delivered to them by authorized mail carriers and is intended only for those to whom the mail is addressed. L. 91375, 6(j)(16)(A), amended subsec. Try entering fewer or broader search terms. If you have been charged with tampering with mail or a related offence, it is a good idea to find an experienced criminal lawyer to advise you on your best defence. The federal government can also confiscate any proceeds of the crime through the forfeiture process in civil or criminal court. 977; May 7, 1934, ch. These type of people may be looking for personal information that they can abuse or valuable items that they can steal. Another way this can become a federal charge of identity theft is if a scammer communicates with a victim through mail in order to deceitfully obtain their personal information. Mail fraud is one of the most common federal criminal charges. If the defendant acted in concert with anyone else, the prosecution can also charge under the Racketeer Influenced and Corrupt Organizations Act (known as "RICO"). Subsec. Items That Cannot Be Mailed Through the USPS, United States Postal Services: Recipient Services 3.1.3 Use for Mail, Cornell Legal Information Institute: 18 U.S. Code 1708, Theft or Receipt of Stolen Mail Matter, Cornell Legal Information Institute: 18 U.S. Code 1702, Obstruction of Correspondence, Cornell Legal Information Institute: 18 U.S. Code 1705, Destruction of Letter Boxes or Mail. Please check with your local Neighborly service provider for details at the time you need service(s). In fiscal year 2018, Postal Inspectors arrested almost 2,500 suspects for theft of the mail and packages. It's a federal crime to steal someone's mailbox, to steal mail from a mailbox, or to snatch mail items that are in the process of delivery. The government needn't prove that the defendant actually deposited anything in the mail or with the delivery service; it's enough to prove that mailing or depositing the item at a collection point was an eventual part of the plan. He lives by the mantra of Learn 1 new thing each day! Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. The U.S. This section [section 39] corrects a typographical error in section 1708 of title 18, U.S.C. Yet this isnt always guaranteed. If you decide to throw the piece of mail into the trash, you have committed a crime as that action has intentionally obstructed and stopped the delivery process relating to that correspondence. For each act of vandalism, you could be imprisoned for up to three years and fined up to $250,000. While mail fraud is a widely applicable crime, it doesn't apply in all fraud cases. Intentionally opening, intercepting or hiding someone else's mail is the felony crime of mail theft. Mail does not necessarily need to cross state lines in order to be the basis of a federal offense. It enacted a new law that criminalized fraudulent schemes to defraud victims of the right of honest service (which is to say, government corruption). What Are the Punishments for Mail Fraud, Theft, and Other Mail Related Felonies? In 1988, Congress was more clear. He contacted the publishing company McGraw-Hill and claimed that he had made contact with the infamous Howard Hughes, living as a recluse at that time, who had given him permission to write his biography he had not. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow Forging postage stamps or knowingly using postage stamps which have been forged. Unfortunately, a mistake may occur and you might end up with a letter that is addressed to your neighbor. Fraudsters also prey on immigrant-owned businesses, hoping to take advantage of owners who do not speak English as their first language. Learn more about FindLaws newsletters, including our terms of use and privacy policy. When a tenant moves out or leaves the property for long periods of time, what to do with their mail can quickly become a time-consuming hassle. (United States v. Foshee, 578 F2d 629, 632 (1978).). You can also call the general number for the U.S. A defendant who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any of these government workers is subject to up to eight years in prison and a fine. One of the most frequently prosecuted federal crimes, mail fraud is often charged by federal prosecutors because it can apply in so many situations. Theodore Kaczynski, a recluse living in the mountains on Montana, used the postal service to mail homemade bombs to random targets for 17 years, killing 3 and injuring 24 from 1978-1995. The law was created to punish individuals who knowingly open mail that is addressed to someone else. But because the forms of fraud are almost limitless, and the concept so obvious, courts haven't given us more precise definitions. If you unintentionally open an envelope that is not addressed to you, it is best to write return to sender or delivered to wrong address by the persons name who the envelope should be delivered to. 1125, 1126; May 18, 1916, ch. Each offense can result in a felony sentence of up to 20 years in federal prison. A conviction for a single count of mail fraud can result in a fine of up to $250,000. (a) generally, which prior to amendment read as follows: "Whoever, being a postmaster or Postal Service employee . This article will review the federal crime of mail fraud, including elements of the offense, penalties, and examples. Federal statute 18 USC Section 1702 was mainly initiated in order to punish individuals who knowingly steal mail with the intent to perform identity theft or other crimes. There is a chance you may not realize just how serious of a crime some of these actions are or even that they are a crime at all, so its important to know what exactly youre allowed to use the postal system for. A fraudulent scheme's reach can extend beyond the manipulation of money, property, or goods. In fact, you can be charged for taking that action. Identity Theft through Mail The postal service can be involved in a scheme of identity theft in a few ways. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. It's a separate offense to take a letter in order to pry into the affairs of another person, even if you only look at the return address momentarily. Accidentally Opening Someone Else's Mail. You can unknowingly and detrimentally affect your case by speaking to investigators without competent legal representation. February 27, 2023 new bill passed in nj for inmates 2022 Postal Inspection Serviceinvestigates mail fraud and then refers cases to federal law enforcement. Section consolidated sections 318 and 319 of said title 18, U.S.C., 1940 ed. However, if you accidentally open someone else's mail, you have not committed a crime. It Was an Inside Job Handling other peoples' mail all day must create some temptations. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Sorry, no results found for Lorem Ipsum. Most mail fraud charges must be brought within five years of the offense. If your mail is opened and searched by law enforcement prior to obtaining a warrant and none of these exceptions have occurred, then the evidence obtained during the search is considered unlawful and cannot be used as evidence against the defendant in court. 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