Las Vegas Mail Fraud Defense Attorney
Mail fraud is a serious federal offense that involves using the United States Postal Service (USPS) or any other mail delivery service as part of a scheme to defraud someone. Charged under 18 U.S.C. § 1341, mail fraud is often prosecuted in conjunction with other federal crimes, such as wire fraud or bank fraud. The use of mail to commit fraud gives federal authorities jurisdiction over these cases, leading to aggressive prosecutions that can carry severe penalties.
At Hofland & Tomsheck, attorney Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with extensive experience in defending individuals against complex federal charges like mail fraud. If you are under investigation or facing charges, having a defense attorney with a deep understanding of federal law is critical.
What Is Mail Fraud?
Mail fraud, as defined by 18 U.S.C. § 1341, occurs when someone uses any mailing service to execute a scheme with the intent to defraud or deceive another person. The mail in question can be sent through the U.S. Postal Service (USPS) or private carriers like FedEx or UPS. Prosecutors must establish that the defendant:
Devised or intended to devise a scheme to defraud;
Used or caused the use of mail to further the fraudulent scheme;
Acted with intent to defraud.
Mail fraud charges are frequently used in cases involving financial schemes, business fraud, and even healthcare fraud. Because the mail is used in these schemes, federal prosecutors have the authority to bring charges.
Case Law and Legal Precedents for Mail Fraud
Mail fraud has been heavily litigated, and many landmark cases have shaped the way this crime is prosecuted. One important case is Schmuck v. United States, 489 U.S. 705 (1989), where the Supreme Court held that even routine mailings, as part of a broader fraudulent scheme, could form the basis for a mail fraud conviction. This decision confirmed that the mailing itself does not have to be fraudulent; it only needs to be connected to a scheme intended to defraud.
In United States v. Maze, 414 U.S. 395 (1974), the Court limited the scope of mail fraud by ruling that the mailing must be part of the execution of the scheme. If the mailing occurs after the fraud has been completed or is only tangentially related, it may not meet the statutory requirements for mail fraud.
Another significant case is McNally v. United States, 483 U.S. 350 (1987), where the Court held that mail fraud statutes apply only to schemes intended to deprive others of money or property, not intangible rights. Congress later amended the law to include "honest services fraud" as part of the broader fraud statutes, making it applicable to public corruption cases.
Penalties for Mail Fraud
Mail fraud is a serious offense with harsh penalties, especially when large sums of money or numerous victims are involved. The penalties for mail fraud are governed by 18 U.S.C. § 1341 and the United States Sentencing Guidelines, which take into account the severity of the fraud, the number of victims, and any related offenses.
Fines: A conviction for mail fraud can result in fines of up to $250,000 for individuals and $500,000 for organizations. In cases involving large-scale fraud, the fines can be even higher, especially when restitution to victims is required.
Imprisonment: The statutory maximum penalty for mail fraud is 20 years in federal prison. However, if the fraud involves a financial institution or relates to a disaster or emergency relief fund, the maximum sentence increases to 30 years.
Restitution: In many cases, individuals convicted of mail fraud are ordered to pay restitution to victims, compensating them for their financial losses.
Federal judges follow the U.S. Sentencing Guidelines Manual when determining the sentencing range, considering factors such as the amount of financial loss, the complexity of the scheme, and the defendant's role in the crime.
Federal Investigations and Mail Fraud Charges
Mail fraud cases often begin with investigations by federal agencies like the Federal Bureau of Investigation (FBI) or the U.S. Postal Inspection Service. These agencies collaborate with other law enforcement bodies to gather evidence, including monitoring mail communications, executing search warrants, and seizing financial records. If you are under investigation for mail fraud, it is crucial to seek legal representation immediately.
Mail fraud investigations can be lengthy and involve complex financial transactions, making it easy for even innocent actions to be misconstrued as part of a fraudulent scheme. Early intervention by an experienced attorney can help mitigate the impact of the investigation and protect your rights.
Defenses Against Mail Fraud Charges
At Hofland & Tomsheck, we believe that every mail fraud case deserves a thorough and aggressive defense. Josh Tomsheck's extensive experience in federal court ensures that your defense will be strategically tailored to the specific facts of your case. Common defenses against mail fraud include:
Lack of Intent: Prosecutors must prove that the defendant intentionally participated in a scheme to defraud. If the defendant did not act with intent to deceive, the charges may not hold.
No Scheme to Defraud: If there was no actual fraudulent scheme in place, or if the mail was used for legitimate business purposes, this can be a valid defense against mail fraud charges.
Challenging Evidence: Many mail fraud cases involve complex financial records or communications. We can challenge the admissibility of evidence, such as improperly obtained financial documents or testimony from unreliable witnesses.
Good Faith: If the defendant believed they were acting in good faith and did not intend to defraud anyone, this could be a strong defense. This applies when individuals genuinely believed their actions were lawful and not part of a deceptive scheme.
Sentencing Guidelines for Mail Fraud
Federal mail fraud charges are subject to the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors, including:
Amount of financial loss: The higher the financial loss to the victims, the harsher the sentence.
Number of victims: Multiple victims can increase the severity of the sentence under federal guidelines.
Role in the offense: Defendants who play a leadership role in organizing the fraudulent scheme may face stiffer penalties than those who played a minor role.
In cases involving financial institutions or government programs, the penalties may be enhanced, as the federal government takes a hardline approach to protect these entities from fraud.
Why Choose Josh Tomsheck for Your Mail Fraud Defense
Federal mail fraud charges can have devastating consequences if not handled correctly. With Josh Tomsheck and the legal team at Hofland & Tomsheck, you'll benefit from years of federal court experience, a comprehensive understanding of fraud laws, and a track record of success in defending against federal charges.
Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a deep understanding of federal prosecutions and the investigative tactics used by federal agencies. As a former prosecutor, he knows how the government builds its case and can develop a defense strategy to counter these efforts effectively.
Schedule Your Free, Confidential Consultation Today
If you are facing mail fraud charges or are under investigation, contact Hofland & Tomsheck for a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, or virtual meetings via Zoom.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101, and let us help you navigate your case with confidence and expertise.
