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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90216
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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good afternoon Paul. My question about mail fraud is this.

Resolved Question:

good afternoon Paul. My question about mail fraud is this. I was in a seriousd relstionship with a fellow classmate at a prestious Christisan college. In the process of getting to know one another more in depth with the strong possibility of getting married we both decided to buy a 'RV' (trailer) 10k and decided to split the cost. I had sent her teo checks woth 3700 dollars for partial payment of said trailer, i was asled by her if i would then send an additional amount of two checks worth 2k each. I became suspious and ask for my money back to keep in my bank until we resolved ther issue of why the parameters of the cost of the trsailer had risen. She informed me that the deposit of the money that i had sent in was used for other purposes then what i sent the money to her in the first place and that she had no monies to give me.

My question is, would this constitute 'mail fraud' since i sent the two checks ($3700.00) in the mail for a down payment on the trailer in question and can i get the monies that i sent to her back.

She has since blocked me from her home phone number, email address in order for me to discuss this with her to resolve this issue.

Thanks for your timely consideration on this matter.

Floyd
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question and for asking for me. I look forward to working with you.

Technically, it could be considered mail fraud. In order to prove mail fraud you have to prove that at the time she made this agreement with you that she never intended for the money to be used on the down payment. This intent is tough to prove and you did send the money voluntarily, although you now find out it was used for something else. What the US Attorney would look at is some way to prove her intent at the time this deal was made and many times in a boyfriend girlfriend situation (not an internet romance) the US Attorney will not pursue criminal charges. This is a tough case for you to convince the US Attorney to take charges on, but you can indeed report it to the US Postal Inspector or the FBI and it is up to them to put the case together and present it to the US Attorney.

It will be a breach of contract with her and it would be grounds to file a civil suit against her to recover your money by payment or by you being able to seize property that she owns or garnish her wages.




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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90216
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 6 other Criminal Law Specialists are ready to help you

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