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Lowther | Walker’s mail fraud defense attorneys have over 20 years of experience defending mail fraud in the federal courts. Based in Atlanta and serving clients nationwide, we can respond 24/7 to your case, with expertise in the forensic techniques used by prosecutors in email, wire, and mail fraud.
Schedule a free consultation with a mail fraud attorney today to discuss our defense services for your case.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that FBI and IRS-CI were conducting. The client’s former atto rney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
Declined Medicare Fraud Prosecution When the government alleges $100 million in fraudulent Medicare reimbursements, the stakes are undeniably high. Recently, our firm successfully represented the former director of a national laboratory targeted by federal authorities […]
Fraud Charges Dismissed In US v. J.C., the DOJ targeted our client, a public official, for their alleged involvement in a conspiracy to fraudulently obtain over $1 million in pandemic subsidies and loans. We dismantled […]
Investigation terminated; no prosecution. DOJ notified our client that she was the target of a multi-million-dollar public corruption, money-laundering, and tax-fraud investigation that FBI and IRS-CI were conducting. The client’s former atto rney had arranged […]
The FDIC-OIG, the HUD-OIG, and the FHFA-OIG investigated our client, a real-estate broker, for Mail Fraud, Wire Fraud, and Bank Fraud, based on the client’s allegedly conspiring to obtain $1.7 million in fraudulent mortgage loans […]
The HSI and the FBI investigated our client, a member of the activist collective Anonymous, for Computer Fraud, based on the client’s allegedly participating in a distributed denial of service (“DDOS”) attack on a corporate […]
Federal mail fraud (18 U.S.C. § 1341) is a white-collar crime that occurs when a person uses the U.S. Postal Service, or any private, interstate commercial carrier such as FedEx or UPS, to further a scheme to deceive someone out of money, property, or honest services.
To secure a conviction, the government must prove three primary elements:
A Scheme to Defraud: A deliberate plan to deceive someone.
Intent: The specific intention to cheat or deceive the victim.
Use of the Mail: Using the postal system or a private courier to execute or further the fraudulent scheme.
Mail fraud is one of the oldest and most versatile federal criminal statutes. Dating back to 1872, the original law was drafted specifically to combat illegal lotteries and counterfeit schemes operating through the mail. Initially, the statute was narrow, protecting only tangible property and money.
Over the decades, Congress and the courts have vastly expanded its scope. Today, mail fraud encompasses not only traditional theft of physical assets but also the “theft of honest services.” This expansion allows the government to prosecute complex corruption cases, such as corporate executives or public officials engaging in bribery or kickback schemes.
When facing a federal mail fraud investigation, the stakes are exceptionally high, as these cases are prosecuted by the Department of Justice in federal court where the sentencing guidelines are notoriously rigid.
Lowther | Walker specializes exclusively in federal criminal defense, providing a sophisticated level of representation that general practice firms often lack when confronting the vast resources of the U.S. Postal Inspection Service and federal prosecutors. Their firm is built on the principle that federal cases require a proactive, investigative-heavy approach to dismantle the government’s narrative before an indictment is even handed down.
Mail fraud is a complex federal offense that often serves as a “catch-all” for prosecutors, requiring a legal team that understands the nuances of intent and the specific jurisdictional requirements of Title 18. Lowther| Walker brings a deep understanding of federal discovery rules and the U.S. Sentencing Guidelines, ensuring that every technicality is leveraged to challenge the government’s evidence regarding the use of postal services or interstate carriers.
The most critical window for a mail fraud case is the investigation phase, and Lowther | Walker prioritizes early intervention to negotiate with federal agents and Assistant United States Attorneys before charges are filed. By conducting their own parallel investigation, they can often present mitigating evidence or alternative theories of the case that may result in a “no-bill” decision, a target letter being rescinded, or significantly reduced charges.
Unlike many firms that settle for plea deals as a first resort, Lowther Walker maintains a reputation for being trial-ready in federal districts across the country, which provides significant leverage during negotiations. Their experience in handling multi-defendant cases and complex financial documentation allows them to simplify intricate mail fraud allegations into a compelling defense narrative that resonates with federal judges and juries alike.
Using the postal system to deprive someone of honest services is considered mail fraud. But what does the term “honest services” mean? This scheme to deprive someone of honest services goes above and beyond trying to cheat someone out of money or property. This can be thought of as giving your word to someone and failing to follow through. For example, if you reward an item from an auction to your friend rather than the highest bidder, this would be considered fraud, violating honest services.
You failed to fulfill your duty to the customer by delivering honest services when conducting business. Any method of mail used by the defendant to carry out this scheme is considered mail fraud. Because this is a charge brought on by the prosecution, it is commonly known as the “prosecutor’s best friend.”
Mailing is not an essential part of the fraud, just a small portion of it, to be brought forward to mail fraud charges. It is enough to prove that the mail services had been a factor at some point in the scheme, even if they weren’t used at all before charges were applied.
Mail fraud is a broad federal offense that occurs whenever the U.S. Postal Service or any private interstate carrier (like FedEx or UPS) is used to further a scheme to defraud someone of money or property.
Scammers often use the mail to send fake work-from-home opportunities, demand upfront training fees for nonexistent jobs, or mail promotional materials that follow up on fraudulent telemarketing calls.
This variation targets victims’ wallets directly by mailing fake investment opportunities, fraudulent charity solicitations, Ponzi scheme statements, or notices claiming the recipient has won a lottery but must first mail back “taxes” or “processing fees.”
Perpetrators, sometimes including corrupt medical providers, use the mail system to send fraudulent bills, fake insurance claims, or deceptive Medicare paperwork to unlawfully collect payouts.
Being charged with mail fraud means you are facing a serious federal crime, not a local misdemeanor.
Federal cases are complex and are prosecuted by the U.S. Attorney’s Office, which possesses immense resources and often spends months or years building a highly structured case with teams from the FBI or the U.S. Postal Inspection Service before making an arrest. If convicted, you could face up to 20 years in federal prison (or up to 30 years if the fraud involves a financial institution or federal disaster relief), alongside fines and forced restitution.
An experienced federal defense attorney can guide your mail fraud defense, explain the strict procedural rules of federal court, and negotiate with federal prosecutors, as they meticulously analyze the government’s evidence to identify legal vulnerabilities in the case.
When defending a mail fraud charge, a defense attorney will typically focus on dismantling the prosecution’s ability to prove the mandatory elements of the crime beyond a reasonable doubt.
Lack of Intent (Good Faith)
Mail fraud requires a specific, deliberate intent to deceive. If you genuinely believed the statements you were making were true, or if the situation was the result of an honest business mistake rather than a purposeful scheme, this lack of intent serves as a complete defense.
No Use of the Mail System
The government must explicitly prove that the mail or an interstate carrier was used in furtherance of the fraud. If the use of the mail was entirely coincidental, occurred after the scheme was already complete, or never happened at all, the specific charge of mail fraud cannot stand.
Statute of Limitations
Federal mail fraud generally carries a five-year statute of limitations (which extends to ten years if the scheme affects a financial institution). If the government files charges after this legal window has closed, the case must be dismissed.
Constitutional Violations
If federal investigators gathered their evidence through illegal wiretaps, unlawful searches, or without proper warrants, your attorney can file a motion to suppress that evidence. If the judge agrees that your Fourth Amendment rights were violated, the prosecution may lose the core evidence they need to convict you.
Contact our mail fraud defense lawyers today. We can answer any questions you may have or help you in your legal battle to obtain the best possible outcome for your case.
If you’re facing federal charges and prosecutors are closing in, call Lowther | Walker to fight back. Our defense lawyers are available 24/7 to respond to your urgent case questions.
No-obligation. Fully confidential.
Call Us Today: (404) 496-4052
