What are some common examples of Mail Fraud Crimes?
- Non-delivery or misrepresentation of mail-order merchandise:
This scheme exists in various forms; order an item, make payment, receive nothing is the simplest form of mail fraud. Other variants include misleading descriptions, deliberate sale of defective merchandise or even stolen merchandise. High-ticket items such as computer hardware are particularly tempting targets for scam artists.
- Internet fraud and online auction fraud:
Internet fraud schemes may also qualify as mail fraud if the mails are being used at any point in the scheme, including a request that a money order be sent to pay for non-existent or undelivered auction merchandise.
- Impersonation:
A number of schemes which misrepresent the identity of the sender, delivering forged documents or bogus requests for personal information have also been perpetrated by mail; one version involves sending bogus forms which claim to be from taxation authorities requesting or demanding banking info in order to collect tax on deposit interest. The information obtained is then used in other frauds or in theft of identity schemes.
- Promotional cheques:
Items that are formatted to appear like a cheque or coupon, but contain wording which authorises the company to change the cashing party's default telephone long-distance carrier or incurs other obligations on their behalf.
- Solicitations in the guise of an invoice:
Documents which look like they're bills or invoices even though they're not.
- Get-rich-quick schemes:
These take a number of forms, such as the Ponzi scheme or pyramid scheme in which the addressee is invited by a "chain letter" to send money to the first of a list of names and addresses before forwarding the letter to several more people.
- Work-at-home scams:
An advertisement claims that money can be earned "working at home", and requires money for further information.
- Fraudulent charities and "religious" donations:Organizations claiming to be charities that solicit donations to assist poor and needy families in need of financial aid, food aid and/or medical assistance, but actually contribute a very small percentage (or even none at all) to the actual persons in need of assistance.
In a similar vein, various "religious" organizations have been known to seek donations of money from well-meaning persons. These appeals for assistance often target senior citizens, mentally handicapped persons, and even homeless persons -- people who are often susceptible to pleas for mercy and compassion.
- Theft from the mails:
Sometimes the mail itself has been the target of thieves; parcels containing merchandise or envelopes with "pay to the order of..." visible in the window are prime targets, as are credit cards or payment cards mailed by banks to their depositors.
What are the penalties associated with a Federal Mail Fraud charge?
Title 18, Section 1341, provides for criminal prosecution but requires proof of intent to deceive. The maximum penalties are 5 years in prison and a fine for each instance proved. The 1984 Criminal Fine Enhancement Act allows fines of up to $100,000 (or $250,000 if death results) per offense for up to two offenses.
Do I need a lawyer to represent me if I am innocent?
Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected.
Do I need a lawyer if I simply intend to plead guilty ?
You may not understand the full implications of the crime with which you are charged. Criminal defense attorneys equalize the balance of power between the defendant and the prosecution and ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.
Kuniansky & Associates
The Lyric Centre
440 Louisiana , Suite 200
Houston, Texas 77002
Office: 713-622-8333
Fax: 713-224-2815