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Mail fraud at a glance

Federal mail fraud charges in New York

Federal mail fraud is a federal offense under 18 U.S.C. § 1341 that generally involves using the U.S. Postal Service or certain private or commercial interstate carriers to carry out or further a scheme to defraud. The underlying scheme may involve attempting to obtain money or property through false statements, representations, promises, or other deceptive means. The mailing itself does not necessarily have to contain a fraudulent statement; rather, the use of the mail must be sufficiently connected to carrying out or advancing the fraudulent scheme, which will lead to federal mail fraud charges in New York.

Case file Federal mail fraud · New York
Federal statute
18 U.S.C. § 1341
Investigated by
U.S. Postal Inspection Service
Federal courts
Northern District of New York Southern District of New York Eastern District of New York Western District of New York
Appeals
U.S. Court of Appeals for the Second Circuit

To establish federal mail fraud, prosecutors generally must prove the existence of a scheme to defraud and the use, or causing the use, of the mail to execute or further that scheme. This means mail fraud can apply to many different types of fraudulent activity when letters, checks, contracts, invoices, applications, packages, or other materials are sent through the mail as part of the alleged scheme. Mail fraud is closely related to wire fraud, although wire fraud instead involves electronic or interstate communications such as telephone calls, emails, or other electronic transmissions.

A conviction for federal mail fraud can carry significant penalties. Under 18 U.S.C. § 1341, the standard maximum sentence is up to 20 years in federal prison, along with potential fines and other consequences. The statutory maximum can increase to 30 years, with a fine of up to \$1 million, when the violation affects a financial institution or involves certain benefits connected to a presidentially declared major disaster or emergency. The actual sentence for federal mail fraud charges in New York depends on the circumstances of the offense and applicable federal sentencing rules.

Where federal mail fraud charges are prosecuted in New York

Federal mail fraud crimes in New York are prosecuted in the federal court system, with cases generally handled in one of the state’s four U.S. District Courts based on where the alleged offense occurred. New York City is a major court location for the U.S. District Court for the Southern District of New York, Brooklyn for the Eastern District of New York, Buffalo for the Western District of New York, and Syracuse for the Northern District of New York. All four federal judicial districts in New York fall within the jurisdiction of the U.S. Court of Appeals for the Second Circuit. The specific district and court location where a federal mail fraud case is prosecuted generally depends on where the alleged criminal conduct occurred and the counties served by that district.

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