CALIFORNIA MAIL FRAUD LAWS

california mail fraud

Mail fraud, also known as postal fraud, is considered to be a serious federal crime. Mail fraud is committed in any scheme which attempts to unlawfully obtain money or valuables in which the postal system is used at any point in the commission of a criminal offense.

Any person, legal entity or even government may be a victim of fraud crimes. The most important thing to overcome fraud offenses is to know how you can state the early warning signs of it in order to protect yourself from scammers.

In today’s complex economy, financial crimes and fraud have various forms. Below, we will introduce you the main elements of the California Mail Fraud Law. In the resources of our site you can find detailed information about different kind of financial crimes and fraud in California. In addition, The Margarian Law Firm is ready to provide answers to your initial questions concerning murder charges in California for free.

1. Legal Definition of the Mail Fraud in California
2. Elements of Mail Fraud
3. Common types of Mail Fraud
4. Punishment of Fraud
5. Legal Defenses to California Fraud Accusations
6. Related Articles

In addition, we are ready to provide answers to your initial questions concerning fraud charges in California for free.

You may file your request online, by telephone or by mail. 818-553-1000
1. Legal Definition of the Mail Fraud in California
Scammers often use U.S. postal system to commit a crime. It can be used in different ways, i.e., soliciting future victims, proposal to invest money in deceitful deals, etc.

There are a wide variety of California criminal fraud laws and corresponding federal laws that can cover a wide range of misconduct. The meaning of fraud in federal crime of mail fraud is: the knowing or reckless misrepresentation of a material fact in order to deprive someone else of something valuable or lying to someone in order to get them to give up something they value (usually money).

2. Crime elements of Mail Fraud

Let’s have a look at criminal elements of mail fraud and try to observe them in detail.

First of all, mail fraud is a misrepresentation of a fact and it has to be material. In other words, in order to be fraud under the federal mail fraud statute, a misrepresentation, or lie, has to be about something material…that is, something important.
Example: Charley want to sell his luxury car. He sends hundreds letters to individuals offering them to buy it. He writes that it was James Bond’s car. In fact, it did not be James car. Thus, there is misrepresentation.

Secondly, some facts can be deceitfully missed. Moreover, the offender can hide the truth in an amount way in order to deceit.
Example: John is going to launch a start-up project. He sent hundreds of letter to potential investors and mentioned that Pentagon was going to invest in the project. Meanwhile, Pentagon had yet refused to participate in his project. John has not said anything untrue BUT he did not disclose some important information. And maybe he committed a mail fraud.

Thirdly, the mail fraud scheme does not require any actual loss. It is essential that the offender sends a mail trying to commit a fraud.

Fourthly, the offender should use the mail service in order to be convicted of mail fraud. Transactions of mails committed in person cannot subject to conviction because The United States Constitution states that federal government can regulate commercial activities between different states. In this case, only mail is considered to a form of commerce between states.

The mail fraud is supposed to be completed, if the offender committed the following acts:
1. Placing or delivering materials to a post office or any facility to be delivered by post services working in U.S.(UPS, U.S. Postal Service etc.);
2. A recipient has taken or received the item delivered to him by any mail carrier;
3. Any other way causing to deliver by mail the item which contains information which is punishable under Federal Law as mail fraud( i.e., asking someone to put the letter in the mailbox etc.);
4. An accused should not only participate in fraud but he has to have the intent to achieve the specific goal of the operation. Nonetheless, the practice allows persons to be convicted of mail fraud even without showing specific intent. It is enough to show that the person acted with “reckless indifference”.

3. Punishment of Fraud

Mail Fraud is a federal crime, in consequence, the penalties can include time which has to be spend in federal prison. If an accused would be convicted of mail fraud, he or she can face:
– up to twenty (20) years in federal prison
– A fine
– Or both.
It should be noted that if the victim of mail fraud is a federal financial institution or it provokes national disaster, the maximum penalty increases. In this case, the offender can be sentenced up to thirty (30) years in federal prison.

5. Legal Defenses to California Fraud Accusations

There are multiple legal defenses that may be able to reduce or dismiss the charge. Including:
– Mistake of fact
– False accusations

-Etc.
6. Related Articles

Fraud Offense
Identity Theft
Dealer Fraud
Insurance Fraud
Wire Fraud
Securities Fraud
Telemarketing Fraud
Tax Evasion
Mortgage Fraud
California Theft Crimes

Have you or a loved one faced accusations of Mail Fraud in California? The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We will evaluate your case and engage as fast as possible in your defense for trial. Do not hesitate to contact us. We will do our best to get the best possible outcome for You! 

You may file your request online, by telephone or by mail. 818-553-1000

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