Mail fraud is a federal catchall that prosecutors use aggressively.
The use of modern communication infrastructure to execute a scheme to defraud individuals or businesses is treated as a severe financial crime under state law. Often charged alongside traditional embezzlement or false pretense statutes, utilizing telecommunications, internet services, or postal delivery to orchestrate a fraud scales rapidly based on the financial damage inflicted. These offenses closely mirror federal statutes but are prosecuted at the state level under the Sentencing Modernization Act matrix. The classification strictly follows the financial damage: Class D1 for amounts up to $15,000, Class C2 for amounts up to $50,000, and graduating up to a Class B3 felony when the utilized scheme successfully defrauds victims of more than $100,000. These sweeping laws allow prosecutors to pull highly localized fraud schemes into severe felony brackets simply by demonstrating the use of systemic communication networks to facilitate the crime.
Mail Fraud is punishable by up to 20 years in federal prison and a $250,000 fine per count. If the fraud involves a federally declared disaster or affects a financial institution, the maximum climbs to 30 years and a $1,000,000 fine. The government will also aggressively pursue criminal asset forfeiture to seize any property tied to the proceeds of the fraud.
Mail fraud defense focuses on three elements: challenging whether a "scheme to defraud" existed (as opposed to a business dispute), challenging intent (good faith belief in the legitimacy of the transactions), and challenging whether the use of mail was sufficiently connected to the alleged scheme. Misunderstandings and business disputes are not fraud.
We defend mail fraud cases in courts across northeastern Oklahoma, including state, federal, and tribal jurisdictions.
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Schedule a free, confidential consultation. A former prosecutor will review your case and outline your best defense options.