There is a chance you may not realize just how serious of a crime some of these actions are or even that they are a crime at all, so its important to know what exactly youre allowed to use the postal system for. Postal Service with billions of letters and packages, and the vast majority of those arrive safely at their intended destinations. For example, if you use a phone or email to fraudulently convince someone to pay you money and the crime never involves use of the mail, you haven't committed mail fraud. If its aggravated assault with a deadly weapon, then the prison time is increased to up to 20 years. He ended up taking a plea deal, pleading guilty to all counts and being sentenced to life in prison. Use the Neighborly App to get connected to local home service professionals. This law is contained in 18 U.S. Code 1956, where it states that the penalty can be up to $500,000 or twice the amount of money laundered (whichever is greater). Do Not Sell or Share My Personal Information, Racketeer Influenced and Corrupt Organizations Act, Do Not Sell or Share My Personal Information, charity and marketing scams (many targeting elderly victims). They work with local, state, and federal agencies to complete their duties, which include: Although it may seem like an innocent and common part of our government system, the postal system can still be used in some criminal manners, and as such, there are laws in place to govern what can and cant be sent through the mail, when a crime is taken to the federal level, and the rights of those using postal services. There are quite a few crimes that can be committed through the mail, and its possible that you may not even realize youre committing one, such as mailing prescription drugs. There are a lot of different types of felonies, which can be prosecuted on either a state or federal level. If its combined with a few other letters that are addressed to you, you may accidentally open it, thinking that it was yours. However, McGraw-Hill proceeded with a $750,000 advance, and Life magazine also sent a good-sized check. However, the penalty can be harsher if the crime involves specific victims or elements. Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. Neighborly service providers will follow the latest health and safety guidelines provided by the local and state governments. However, if these items were sent in the mail in the attempt to injure or kill someone, this penalty increases to 20 years. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. The ease with which prosecutors satisfy this element of the offense is perhaps one reason that the crime of federal mail fraud is known as "the prosecutor's best friend." 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. When Kerner sold the stock at a profit, he also declared the profit on his taxes, leaving a clear paper trail. 318, 43 Stat. However, if they have a prior related conviction, they can be subject to at least 15 years and up to 40 years. Know Your Rights Beforehand. Mail fraud is a federal crime. Statute of limitations. In 1973, Kerner found himself charged with bribery for having bought stock options at a reduced price while serving as Governor. Postal Inspection Service at 877-876-2455 (press option "4" to report mail fraud), or file a report online. The law enforcement of the USPS is the United States Postal Inspection Service (USPIS). Therefore, assault can occur through mail if someone were to send a threat of violence through the postal service, which would qualify as a federal crime. Although the mail fraud conviction could carry a five-year prison sentence, Hendrick was sentenced to 12 months home confinement due to a life-threatening medical condition. Using the postal service to harass or threaten someone else. Intentionally opening, intercepting or hiding someone else's mail is the felony crime of mail theft. Please try again. 667; Aug. 26, 1935, ch. When a delivery is made to your mailbox, the USPS is relying on you to do the right thing and reroute the mail to its intended recipient. There are harsh penalties for tampering with mail, including fines and possibly even a prison sentence. If you accidentally open someone elses mail, this is not an offence. The law was created to punish individuals who knowingly open mail that is addressed to someone else. The case was part of a multi-year investigation into corruption at American Honda. Copyright Felonies.org 2023, All Rights Reserved. These take the form of placement agencies that charge up front fees and do nothing, "investment" opportunities that offer a valueless stock, pay to file a job application, or join a pyramid scheme. Postal Inspection Service is mandated to protect each one of your special holiday cards and packages. It is a federal crime to open or destroy mail that is not intended for you. Yet this isnt always guaranteed. All Rights Reserved. Known as mail tampering, any of these acts may result in criminal charges, fines, and even jail time. 418; Feb. 25, 1925, ch. A defendant might also argue that he or she believed in good faith that the allegedly false representations were true when made. In addition to federal charges, you may also face charges under your state's criminal laws. Helping someone else obtain a letter or other delivery item by deception. (Wire fraud is sometimes referred to as mail fraud's little brother.). Small businesses owners might be overwhelmed with work and may lack extensive business experience or formal training. (b). Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Copyright 2023, Thomson Reuters. Punishments and Fines for Illegal Downloading, What is a Grifter & How to Detect One Early, Is Doxxing Illegal? A single item of mail can contain very sensitive information that can destroy a person's life if it gets into the wrong hands. Download Mail Tampering Poster in a high-res PDF format (10.6 MB) Shall be fined under this title or imprisoned not more than five years, or both. If you intentionally open or destroy someone else's mail, you are committing obstruction of correspondence, which is a felony. It may also come with up to 20 years in prison. It sets the maximum punishment at five years in prison and a possible fine. 1949 Act. When used to commit a crime of deceit, theCommerce Clauseofthe Constitutiongrants the federal government jurisdiction. Dealing with a hassle like mail delivery is not complicated, but it takes time. Mail Box Tampering According to Federal Law. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. Be careful about what you send. A RICO conviction exposes the defendant to significantly more punishment in fines and incarceration. The smaller penalty for an offense involving $100 or less was added. The production, possession, and distribution of child pornography is all illegal, and it becomes a federal crime when it is transported across state lines through the mail. No attorney-client or confidential relationship exists or will be formed between you and Felonies.org or any of our representatives. (United States v. Foshee, 578 F2d 629, 632 (1978).). 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. Some tenants move out without providing a forwarding address or may go on vacation or travel for long periods of time without requesting an official hold from the local post office. Language omitted from section 317 of title 18, U.S.C., 1940 ed., and all of section 321 of title 18, U.S.C., 1940 ed., except that above quoted, was incorporated in sections 1702 and 1705 of this title. When mail for an absent or former tenant is piling up, property owners must take action to prevent a small nuisance from becoming a big legal problem. 693, 49 Stat. If they are successful, they can face the charges of assault or manslaughter, which means they are facing life in prison or even the death penalty. If you have been charged with tampering with mail or a related offence, it is a good idea to find an experienced criminal lawyer to advise you on your best defence. Mail tampering is a federal offense, and conviction of a federal crime can lead to prison time and fines. What Are The Penalties For Tampering With Mail in Australia? Write CSS OR LESS and hit save. Can You Put Someone on Your Health Insurance Who Is, How To Recover A Package Lost In The Mail, Can I Be Added to My Boyfriend's Health Insurance at, Do You Have to Pay State or Federal Taxes on Money, How To Become A Lawyer Without Going To Law School, How To Check Immigration Status Online With An Alien Number. In addition to letters sent through the mail, it is also a federal crime to send threatening emails to another person. (a) generally, which prior to amendment read as follows: "Whoever, being a postmaster or Postal Service employee . Mail fraud is often part of white-collar crime cases, like financial fraud,Ponzi schemes,credit card fraud, or insurance fraud. Each year, Americans trust the U.S. As all federal employees are protected from assault on a special level, described in 18 U.S.C. This is a Class B misdemeanor in New York punishable by up to 90 days in jail and fines. We can handle all of a propertys needs, which includes everything from the basic day-to-day tasks to the more unusual situations. It Was an Inside Job Handling other peoples' mail all day must create some temptations. If they are unable to deliver mail, usually a post office will hold the persons mail at the office until they come and pick it up in person. Now it is possible to print, save, or share the document. Small business owners can also be victims of mail fraud. If you do not receive a check, credit card, or other valuable mail youre expecting, contact the sender as soon as possible and inquire about it. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. Postal Inspection Serviceinvestigates mail fraud and then refers cases to federal law enforcement. Sorry, no results found for Lorem Ipsum. Another way this can become a federal charge of identity theft is if a scammer communicates with a victim through mail in order to deceitfully obtain their personal information. Restitution payments are made to the victims so they can recover what they lost as a result of the fraud. Because mail falls under the definition of personal property, it must be handled carefully. How Do I Know If My Health Insurance Premiums are Considered Pre-Tax or Post-Tax Earnings? When a mail fraud scheme succeeds in defrauding someone of property or causes harm to a victim, courts make restitution a part of the sentence. 1970Subsec. Honest services. Founded by Benjamin Franklin in 1775, the USPIS has jurisdiction over the local, state, and federal postal systems, employees, and customers. The only exceptions are when you have the addressee's permission to handle the mail or you're legitimately dealing with a deceased person's affairs. Jayne Thompson earned an LL.B. If personal identifying information, such as names, dates of birth, addresses, telephone numbers, tax I.D. (See sections 641 and 645 of this title.). The business owner allegedly offered the options in exchange for favorable treatment. Federal Laws on Mail Tampering Because the United States Postal Service is a federal agency, mailboxes are considered federal property, and mail theft is charged as a federal offense. If you're found guilty of mailbox vandalism, you can expect a fine up to $250,000 and up to three years in a federal prison for each willful act. If you move, make sure you file a change of address with the Postal Service and let your financial institutions know as well. Violating some of these laws can come with serious penalties, whether it be years of prison time or high fines. Your mailbox is not your own; legally, it belongs to the United States Postal Service. The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. 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 email address cannot be subscribed. Address the Support section or contact our Support team in the event you've got any concerns. Such receptacles are authorized depositaries. So is preventing delivery by withholding a tenants mail, as well as opening, throwing away, or destroying mail not addressed to you. Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you? By FindLaw Staff | The embezzlement and theft provisions of each were incorporated in sections 1709 and 1710 of this title. The federal government can also confiscate any proceeds of the crime through the forfeiture process in civil or criminal court. The attorney listings on this site are paid attorney advertising. You could be charged with criminal tampering in the third degree for mail tampering if the prosecution has probable cause that you tampered with the property of someone with the intent to cause substantial inconvenience. The majority of opinion was that before a more severe sentence was given, Congress should be clearer. Tampering with mail will get you a new home, new friends and a new job. What Are the Punishments for Mail Fraud, Theft, and Other Mail Related Felonies? After World War I, the exchange rates for postal reply coupons coupons that could be exchanged for postage stamps in another country were fluctuating wildly. Taking Items Out of a Mailbox It's a federal crime to steal someone's mailbox, to steal mail from a mailbox, or to snatch mail items that are in the process of delivery. 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. Mail does not necessarily need to cross state lines in order to be the basis of a federal offense. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow 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. Provisions relating to theft or larceny of mail were placed in this section. 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. If you're worried about mailbox tampering, USPS recommends that you obtain Label 33 from the post office and affix it to your mailbox. We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. Even though you accidentally opened another persons mail, your actions after doing so will dictate if you have committed a crime. Save pages and articles youre most interested in to read later on. How To Find A Lost Traffic Citation Number. Mail Tampering Poster. He was also ordered to pay a fine of $250,000. The investors all tried to pull out, and Ponzi was charged with 86 counts of mail fraud, with a price tag of seven million dollars. Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or, Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or, Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted. 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