Mail Fraud Defense Services

Mail fraud has been around for quite some time. This statute dates back to as early as 1872, when those using the U.S. mail or interstate delivery service attempted to commit fraud to promote a counterfeit or lottery scheme. The first laws written only covered a small portion of what we consider mail fraud today, money, and tangible property. But as Congress has expanded mail fraud laws, they now include fraud that constitutes a theft of honest services and can now include such services as FedEx or UPS. 

Now, this statute can apply to many potential criminal situations and is one that prosecutors now rely on as the first line of defense when they are ultimately working towards other charges in the meantime. For instance, mail fraud is the source of criminal fraud statutes that criminalize wire fraud, healthcare fraud, or bank fraud. Fraud, according to the law and the courts, can be defined as conduct that both breaks the moral and legal duty to someone and causes damage. For example, mailing out merchandise that is a lesser grade than what the customer ordered can be considered mail fraud. In other words, fraud is an intention to cheat someone.

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.

• Elite Expertise in Federal White-Collar Statutes

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.

• Aggressive Pre-Indictment Intervention Strategies

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.

• Proven Track Record in High-Stakes Federal Litigation

 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.

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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. Absolutely 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 does not necessarily have to be an essential part of the fraud, just a small portion of it, to be brought forward to mail fraud charges. It is enough even to prove that the mail services in some way, shape, or form were going to be used at some point in the scheme, even if they weren’t ever used at all before charges were brought forward.

Because it is a charge that can be so easily thrown around, you want to be careful that you don’t take responsibility for defending your actions to anyone who comes to investigate. Should investigators call or visit you to ask questions, you are not liable to answer in this investigative stage. In fact, it could be more detrimental to your case to answer without a lawyer present, even if you are trying to cooperate or prove your innocence, as the prosecution may misconstrue your answers. When facing a mail fraud investigation, be sure to rely on the services, experience, and know-how of a skilled mail fraud lawyer who can walk you through the step-by-step process of answering investigator questions in a manner that is best for your case.

Some common mail fraud schemes can include work-at-home schemes, Ponzi schemes, sweepstakes fraud, credit card fraud, franchise fraud, or fraud targeted at the elderly. When faced with a mail fraud charge, it falls to the prosecution to prove that there was a plan to defraud and that the postal service was used to carry out the plan. The jury must be convinced that there was indeed a scheme to defraud a victim of money, property, or honest services.

Mail fraud comes with not only the risk of a felony conviction for a recognized offense, but also can come with jail time and/or a hefty fine. But it does not stop there. Those convicted of mail fraud can also be convicted of racketeering. If the defendant acted in conjunction with someone else to commit mail fraud, they can also be charged by the prosecution of racketeering under the RICO, or Racketeer Influenced and Corrupt Organizations Act. This could lead to significantly more fines, jail time, or other punishments. Mail fraud should never be taken lightly. Because of its potential exposure to other charges, such as racketeering, it is best that you retain the services of an experienced mail fraud lawyer with a reputation for success to obtain the best possible results throughout a mail fraud investigation or criminal trial.

Contact our top mail fraud 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.