Depending on how the person committed the mail theft, you could face additional criminal charges such as assault, breaking, and entering. It is a federal offense to tamper with a mailbox or the items in it. An experienced criminal lawyer can help you prepare your defence and advise you on the best course of action, so that you can hopefully avoid receiving the maximum penalty and spending time in prison. For that, you'll need to call your local U.S. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. 406, and Foster v. Biddle, C.C.A. Typically, if they intentionally stole mail for the purpose of committing another crime, this sentence will run concurrent to sentences given for those other crimes. Hunt pled guilty to mail and tax fraud. It is delivered to them by authorized mail carriers and is intended only for those to whom the mail is addressed. 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. (a). For example, in New York, property damage crimes fall into one of two categories: criminal mischief and criminal tampering. While a mailbox is considered federal property, it's up to each homeowner to maintain his own mailbox. 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. It's not even necessary that the victim of the scheme had knowledge of its existence. (United States v. Foshee, 578 F2d 629, 632 (1978).). Because the cars were in such high demand, Honda employees accepted bribes and kickbacks in exchange for shipments of cars. (a) generally, which prior to amendment read as follows: "Whoever, being a postmaster or Postal Service employee . The International Travel Act of 1961 brought mail fraud into organized crime cases. Honest services. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. There are dozens of ways that mail fraud becomes part of a criminal case. Forging postage stamps or knowingly using postage stamps which have been forged. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Property owners could also write a note to the mail carrier, informing them that the addressee is no longer at the address and request that mail delivery to them stop. (See Rosen v. . Such receptacles are authorized depositaries. However, there are numerous other federal fraud laws that can apply to other fraud schemes which do not use the mail, such as wire fraud or computer fraud. Yet this isnt always guaranteed. Protect it by hiring Real Property Management to assist with tenant mail delivery problems and all other aspects of tenant relations. Most mail fraud charges must be brought within five years of the offense. Depending on the manner in which the mail theft is committed, you could face other criminal charges, such as assault, and breaking and entering. McNally and Gray were released. Each office is independently owned and operated. 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. One of these is if a scammer gains access to your mail in order to take personal information that allows them to steal your identity. He received a 2 1/2 years prison sentence, of which he only served 16 months. in Law and Business Administration from the University of Birmingham and an LL.M. This is a Class B misdemeanor in New York punishable by up to 90 days in jail and fines. 2023 Neighborly Company and its affiliates. Vandalizing a mailbox is also a federal crime. For example, in California, mail theft is a crime that is specifically prohibited by the California Penal Code. Each offense can result in a felony sentence of up to 20 years in federal prison. Depriving a victim of the value of its honest services will suffice. What Is the Federal Law for Opening Mail Not Addressed to You? Across the road from Justice Precinct carpark. The smaller penalty for an offense involving $100 or less was added. She considered the exchange a standard business expense and deducted the value of the stock from her taxes. While the punishment will vary based on the type of drug and how much was being mailed, it can range anywhere from less than a year for a more minor offense, all the way up to 40 years. If you move, make sure you file a change of address with the Postal Service and let your financial institutions know as well. 1125, 1126). For example, an employee who steered contracts to his best friend, rather than awarding them to the best bidder, has deprived his employer of his duty to deliver "honest services" to those with whom he does business. Federal mail fraud charges have been used to prosecute both white-collar crimes and organized crime mobs. 1970Subsec. Jayne Thompson earned an LL.B. This also includes prescription drugs. Mailing money, contracts, things of value, or communications regarding a fraudulent deal all meet the definition. 1256). You could face up to three years in prison and a $250,000 fine for each act of vandalism. His elaborate story included meetings and interviews, and eventually some letters from Hughes found their way into his collection of evidence. Therefore, its important to know what these postal crimes are, what you are and arent allowed to mail, and what the penalties are for violating these laws. The courts have defined fraud as conduct that breaks a legal or moral duty to another person, causing damages. These things happen, and all you have to do is return the mail to its rightful owner and apologize. What Are the Punishments for Mail Fraud, Theft, and Other Mail Related Felonies? A defendant might also argue that he or she believed in good faith that the allegedly false representations were true when made. If its combined with a few other letters that are addressed to you, you may accidentally open it, thinking that it was yours. For example, if a tenant has moved out, a property owner could instruct a current tenant to write return to sender on the envelope and place it back in the mailbox for collection. Simply put, mail fraud is when any type of fraud is committed through the mail. The law enforcement of the USPS is the United States Postal Inspection Service (USPIS). Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. (a) generally, which prior to amendment read as follows: Whoever, being a postmaster or Postal Service employee, unlawfully detains, delays, or opens any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General; or secretes, or destroys any such letter, postal card, package, bag, or mail, shall be fined not more than $500 or imprisoned not more than five years, or both.. Mail fraud is often part of white-collar crime cases, like financial fraud,Ponzi schemes,credit card fraud, or insurance fraud. Visit our attorney directory to find a lawyer near you who can help. This worsens when the fraud involves a major disaster or emergency, increasing the fine to up to a million dollars and the prison sentence to 30 years. Telecommunications and Postal Services Act 1989. Amendments. So is preventing delivery by withholding a tenant's mail, as well as opening, throwing away, or destroying mail not addressed to you. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. But there are always thieves who will target the mail. Protect Your Investments & Maximize Your Returns. 1994Pub. However, if you accidentally open someone else's mail, you have not committed a crime. 4, 1909, ch. Additionally, if a crime occurs and a postal service was involved, theres a chance that it can turn from a state charge to a federal charge. (See sections 641 and 645 of this title.). There are harsh penalties for tampering with mail, including fines and possibly even a prison sentence. 693, 49 Stat. Only authorized USPS letter carriers may insert mail into a residential mailbox. 667; Aug. 26, 1935, ch. This section [section 37] corrects typographical errors in section 1703 of title 18, U.S.C. This may include the threat of violence for money, ransom or reward for a kidnapped person, or a threat to destroy property. Founded by Benjamin Franklin in 1775, the USPIS has jurisdiction over the local, state, and federal postal systems, employees, and customers. (a). They said Hunt, former chair of the Kentucky Democratic Party, had no fiduciary duty to the people of Kentucky. Anyone sentenced to probation has to spend a specific amount of time, typically one to three years or more, abiding by specific court conditions in lieu of serving prison time. Anyone who uses the U.S. mail or any interstate delivery service in an attempt to engage in fraud runs the risk of being prosecuted under the federal mail fraud law. The following article explains what constitutes the crime of mail fraud and provides several examples. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Postal Inspectors investigate these crimes and arrest thousands of mail and package thieves each year. However, if they have a prior related conviction, they can be subject to at least 15 years and up to 40 years. L. 103-322 substituted "fined under this title" for "fined not more than $500" in subsec. Under 18 U.S. Code876, these threatening communications through the mail can lead to charges of a fine or up to 20 years in prison, or both. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. So what should a property owner do to curb the tide of unwanted mail and prevent future tenants from tampering with former tenants mail? Another example of fraud taking advantage of the postal service is the case of Clifford Irving in 1971. Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. When shipping packages, use the Hold for PickUp option, and the recipients can collect the package at their local Post Office. Mail fraud is a federal crime. Subsec. If you pick up or open someone else's mail by accident, you don't need to worry about going to jail. A fraudulent scheme's reach can extend beyond the manipulation of money, property, or goods. Stay up-to-date with how the law affects your life. The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. If you unintentionally open an envelope that is not addressed to you, it is best to write return to sender or delivered to wrong address by the persons name who the envelope should be delivered to. Copyright 2023 USPIS. United States Code, Title 18, Section 1708, United States Code, Title 18, Section 1705, The New York State Senate: Penal Code Section 145.14, California Legislative Information: Penal Code Section 530.5(e), O'Connell & Aronowitz, Attorneys at Law: Felonies vs. Misdemeanors in New York. By FindLaw Staff | Alert Postal Inspectors to the problem and prevent others from being victimized. Kan. 1926, 14 F.2d 280, involving indictment under section 317 of title 18, U.S.C., 1940 ed.) Interfering with a post box or stamp vending machine. The government does not take the theft of mail lightly when sentencing individuals who commit this crime. Section consolidated sections 318 and 319 of said title 18, U.S.C., 1940 ed. 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