Fraud, Embezzlement, Bad Checks Mail Fraud Felony ?

[harley]

My wife recently quit her job because of a bad working relationship with her supervisor. As a means of "getting even" she later filed a change of address form with the Postal Service to have her supervisor's mail sent to the other coast, and mailed in some cards in a magazine ordering some collectible plates to be sent to her supervisor. The supervisor suspected who had done this and reported it to the Postal Service. A Postal Inspector came and has told my wife that she will be charged with felony mail fraud. My wife admits that she did something stupid, but is this really a felony? To be sure, it was an inconvenience and highly aggravating to the supervisor, but a felony charge seems way out of proportion. Also, would this be handled in a local court or a Federal Court? Since it involves the USPS, I am thinking Federal, but the Postal Inspector said local police would make the arrest.

 

[NYClex]

Well, mail fraud is a very broad concept, basically any fraudulent activity which involves use of the mail.

This is the federal statute: (Title 18, U.S. Code, §§ 1341, 1342, 1346

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.

Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.

For the purposes of this chapter, the term "scheme or artifice to defraud" includes a scheme or artifice to deprive another of the intangible right of honest services




But the postal inspector might not file federal charges but turn this case over to the local state prosecutor. Depending on what actually happened and what harm has been done the state then might file disorderly conduct charges, or fraud charges or anything else, probably in the misdemeanor range. It really depends on the details. At that point it probably would be very helpful to have a criminal defense attorney sit down with the prosecutor and talk about a plea bargain.

Of course, the victim can also file civil charges.