We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. But by the end of the year, Hughes and his lawyers decided to come out and announce that Hughes had not actually had any communication with Irving. It sets the maximum punishment at five years in prison and a possible fine. A single item of mail can contain very sensitive information that can destroy a person's life if it gets into the wrong hands. According to the Unites States Postal Inspection Service (USPIS), they made 2,487 arrests for mailbox theft. Firms, Expungement Handbook - Procedures and Law. Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you? Stealing mail bags from Australia Post employees. 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. So what should a property owner do to curb the tide of unwanted mail and prevent future tenants from tampering with former tenants mail? If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. Willfully violating these rules is the federal offense of "mailbox restriction," with fines as high as $5,000 per occurrence. Whether you're charged with mail theft or obstruction of correspondence, you're potentially looking at fines of up to $250,000 and five years' incarceration. Each of these two sections has been divided. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 418; Feb. 25, 1925, ch. 111, postal employees of the USPS are also covered under this law. L. 91375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service. It's not necessary that mailing be an essential part of the scheme (it can be an incidental piece of it). 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. Anyone convicted under this statute faces up to five years in prison and a $250,000 fine. 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. Anyone sentenced to probation has to spend a specific amount of time, typically one to three years or more, abiding by specific court conditions in lieu of serving prison time. Depending on how the person committed the mail theft, you could face additional criminal charges such as assault, breaking, and entering. Depriving a victim of the value of its honest services will suffice. In such circumstances, the best thing for a property owner to do is to contact the Postmaster of the local US Post Office and request that mail delivery be temporarily suspended. By taking this action, the USPS will recognize the mistake and redeliver the letter to the correct persons address. The following article explains what constitutes the crime of mail fraud and provides several examples. This is a Class B misdemeanor in New York punishable by up to 90 days in jail and fines. He would promise investors ridiculous results, such as returns of 50 percent in just 45 days. Alert Postal Inspectors to the problem and prevent others from being victimized. The federal crime ofmail fraudinvolves two elements: "(1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme.". A defendant might also argue that he or she believed in good faith that the allegedly false representations were true when made. They then will usually place it a legitimate financial account or invest it, and then use it to make purchases, spreading the money throughout the economy again and disguising its original source. With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich federal attorney near you no matter where you work or live. The best way to handle mail delivery during an extended absence is for the addressee to contact their local post office themselves and request a hold. The postal service can be involved in a scheme of identity theft in a few ways. His conspirators were convicted of abetting fraud. Victims. 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. 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 (See sections 641 and 645 of this title.). Not all states have specific mail tampering laws, but mail tampering charges could be brought under other laws. Federal mail fraud charges have been used to prosecute both white-collar crimes and organized crime mobs. "Mail tampering" has a broad meaning and includes any act that might obstruct the delivery of mail, from vandalizing the mailbox to delivering a few innocent flyers. As all federal employees are protected from assault on a special level, described in 18 U.S.C. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. 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. 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. The law was created to punish individuals who knowingly open mail that is addressed to someone else. For example, if a tenant has moved out, a property owner could instruct a current tenant to write return to sender on the envelope and place it back in the mailbox for collection. For more information, please contact your nearest Real Property Management office. In 1987, the U.S. Supreme Court disagreed with the Court of Appeals. She practiced in various Big Law firms before launching a career as a commercial writer. The case was part of a multi-year investigation into corruption at American Honda. Postal Inspection Serviceinvestigates mail fraud and then refers cases to federal law enforcement. Act May 24, 1949, 37(b), substituted newspapers for newspaper. L. 91375, 6(j)(16)(B), substituted Postal Service officer or employee for postmaster or Postal Service employee. (a) generally, which prior to amendment read as follows: Whoever, being a postmaster or Postal Service employee, unlawfully detains, delays, or opens any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General; or secretes, or destroys any such letter, postal card, package, bag, or mail, shall be fined not more than $500 or imprisoned not more than five years, or both.. 1125, 1126; May 18, 1916, ch. None of our authors or customer service representatives are lawyers and they also do not provide legal advice. Therefore, its important to know what these postal crimes are, what you are and arent allowed to mail, and what the penalties are for violating these laws. 557, 53 Stat. Accidentally Opening Someone Else's Mail. CTRL + SPACE for auto-complete. Try entering fewer or broader search terms. Please try again. There are harsh penalties for tampering with mail, including fines and possibly even a prison sentence. 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. Copyright 2023, Thomson Reuters. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. Irving returned the rest of the money and pleaded guilty to grand larceny and conspiracy. These letters demand immediate payment for a seemingly official registration of their business or bill some fake business-related fee to hold on to a license. When used to commit a crime of deceit, theCommerce Clauseofthe Constitutiongrants the federal government jurisdiction. The embezzlement and theft provisions of each were incorporated in sections 1709 and 1710 of this title. It is common knowledge that under our current postal system, a citizens mail is considered personal property. The potential prison penalty for a federal mail fraud crime is very high. However, the penalty can be harsher if the crime involves specific victims or elements. Mail tampering refers to stealing and destroying mail- a letter or package from a private mailbox, postal team member, or a mail truck. The law enforcement of the USPS is the United States Postal Inspection Service (USPIS). One of the most frequently prosecuted federal crimes, mail fraud is often charged by federal prosecutors because it can apply in so many situations. The courts have defined fraud as conduct that breaks a legal or moral duty to another person, causing damages. Mail does not necessarily need to cross state lines in order to be the basis of a federal offense. First, the prosecutor must convince the jury that the defendant had a scheme or plan to defraud someone of money, property, or "honest services." Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Willfully violating these rules is the federal offense of "mailbox restriction," with fines as high as $5,000 per occurrence. 1994Pub. Fraudsters also prey on immigrant-owned businesses, hoping to take advantage of owners who do not speak English as their first language. While the specific penalty a court imposes will differ significantly based on the circumstances of the case, any mail fraud conviction can result in steep fines, long prison sentences, and other penalties. 406, and Foster v. Biddle, C.C.A. 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. L. 103-322 substituted "fined under this title" for "fined not more than $500" in subsec. Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. When, for example, a fraud scheme involves federal disaster relief or where the victim is a financial institution, sentences of 30 years per offense are possible. Plus, the mail inside will be destroyed and that could be . What Is the Federal Law for Opening Mail Not Addressed to You? Dealing with a hassle like mail delivery is not complicated, but it takes time. Follow and share these tips to help protect yourself and others against mail and package theft. This is a self explanatory one. Otto Kernerwas a federal judge on the 7th Circuit Court of Appeals, having previously served as the Democratic Governor of Illinois. Obviously, its not advisable to steal mail. 2023 Neighborly Company. State and local laws may impact the services this independently owned and operated franchise location may perform at this time. | Last updated December 27, 2021. Similarly, if you have been charged with tampering with mail based on an accident or error by Australia Post, you may be able to successfully have the charges against you withdrawn. 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. A conviction for a single count of mail fraud can result in a fine of up to $250,000. Such receptacles are authorized depositaries. Subsec. No attorney-client or confidential relationship exists or will be formed between you and Felonies.org or any of our representatives. Often fraudsters target vulnerable people: Veterans, and sometimes active-duty military families, are often targets of mail fraud.Veteran fraud schemesrange from: Employment schemes give unemployed people false hope that they can earn good money, but at a cost. It may also come with up to 20 years in prison. TheU.S. In addition to federal charges, you may also face charges under your state's criminal laws. 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. Statute of limitations. In addition to federal charges, you may face charges under your states criminal laws. One of the most famous cases of mail fraud is the Ponzi Scheme. However, McGraw-Hill proceeded with a $750,000 advance, and Life magazine also sent a good-sized check. He appealed the conviction and the courts overturned all but four charges of mail fraud. Read More: Mail Box Tampering According to Federal Law. 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