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Mail fraud refers to the act of illegally appropriating money or other valuables through the mail service provided by the United States Postal Services. It is mainly a misleading scheme through which the perpetrators try to acquire others’ money or valuables in a fraudulent manner by the means of mails. This offense is covered under Title 18 of the United States Code, Chapter 63. Postal attorneys and inspectors in the postal department are authorized to investigate into such cases. Under Title 39 of Section 3005 of the United States Code, the competent authorities can block the promoters/perpetrators of misleading schemes from receiving money through mail. Under section 3007, the postal department with the approval from the Department of Justice can even seek a court order to impound mail if health hazard or economic detriment exists. However, the postal service department cannot act on cases where the perpetrator of a fraud scheme has accepted money through credit or any other payment cards. If the charges are proved with intent to deceive, the maximum penalty could be up to 20 years in prison and a fine for each instance proved. There is no statute of limitation on such cases in the Federal system; however the statute of limitations may vary from state to state. This article answers some of the frequently asked questions on such frauds and laws associated with them. What is mail fraud and what is the statute of limitations?
In a mail fraud, a fraudster tries to acquire money from others over postal mails by promoting or selling misleading schemes. When such case gets detected or reported, attorneys can file a complaint. If the case goes against the perpetrator, the postal department will issue a notice known as False Representation Order (FRO) to block the money sent through the mail in response to the false or misleading scheme or advertisement. Federal law has no statute of limitations on such cases, while the same may vary from state to state. Is money lost in a mail fraud gets deducted under tax law?
In most of the cases, such losses are not eligible for tax deduction. However, in cases where the loss exceeds the taxable income and you somehow manage to prove to the IRS that you have exhausted all available and possible legal means to recover the money, it could be fully deductible. To have clear idea on this matter, you could retain the services of a criminal lawyer. What could be the punishment for a mail fraud if prosecuted in a federal court?
Penalties may include a jail term of up to 20 years and separate fine for each stances proved. The fine can go up to $1 million if the crime has affected any financial institution. However, the court considers several factors surrounding the case including seriousness of the crime or nature of act, past criminal record of the offender, the damages inflicted while announcing the punishment. Is questionable advertisement considered as a type of mail fraud?
No, these are not same as mail frauds. If you somehow believe that you have lost money by purchasing a product; you can approach the company directly and ask them for a refund. You can also report to the FTC. You should seek the guidance of a criminal lawyer on such matters. What is the USPS mail fraud act?
The United States Postal Services looks in to cases in which the offenders manage to receive money through mail. Postal inspection offices have hundreds of inspectors with law degree to prosecute all types of fraud mail cases. However, the department seeks approval from the justice department before taking any action. The department’s website archives all the mail fraud cases. How to report a mail fraud case?
You can report a case by filing a law suit or arbitration case. You can also alert the postal attorney office or postal inspectors at the postal inspection offices about such matters. You could consult with a criminal lawyer to know about other legal steps in such matters. What are the different types of mail frauds?
The most common types of mail frauds cover the areas listed below: Loan Mail, Taxes, School, Charity, Degree, Foreign Mail, Nigerian, Securities, Mortgage, Domestic, Postal Job, AIDS Cure, Sexual Aid, Real Estate, Credit Card, Harassment, Cancer Cure, Mail-Order Bride, Weight Loss, Chain Letter, Classified Ad, Overseas Job, Student Loan, Dating Service, Failure to Pay, Work at Home, Office Supplies, Failure to Provide Mail, Vacation or Travel, Directory Solicitation, False Divorce Decree, Prize or Sweepstakes, Subscription/Periodical, Gems, Coins, Precious Metals, Sexually Oriented Advertisement, Credit Repair/Debt Consolidation, Distributorship/Multilevel Marketing, Misrepresentation of Product/Service, What are the different mediums used by the offenders to attract their victims in mail fraud cases?
The most common ways through which the perpetrators try to deceive their victims are: • Fax • E-Mail • Internet • Radio/TV • In Person • Magazine • Telephone • U.S. Mail Newspaper If you have any doubts regarding the laws associated with such frauds, you should always ask a criminal lawyer who could assist you on this.
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