Mail fraud, or the unlawful acquisition of money or valuables in which the United States Postal Service is involved, can lead to many different questions and legal complications. Filing for such cases may not be easy, and the resulting penalty may be trying for most people. Mail fraud is an offense under United States Federal Law, and Lawyers on JustAnswer can help answer any questions you may have. Listed below are the top mail fraud questions that are often asked on the site.
Mail fraud is any scheme that leads to the unlawful acquisition of money or valuables in which the United States Postal Service is used at any point in the commission of a criminal offense. Mail fraud is covered by Title 18 of the United States Code, Chapter 63. There is no statute of limitation on Mail Fraud in the Federal system, whereas the statute of limitations on criminal cases varies from state to state. To find out more about mail fraud and the Statute of Limitation in your state, ask a Criminal Lawyer on JustAnswer.
Mail fraud losses are not deductible in most cases as it has to be a proven fraud. Also, it has to be proved to the IRS that one has exhausted all legal means in order to recover the money. The losses are fully deductible if these tests are passed. In such cases where the losses exceed the taxable income, it can be spread over multiple years, backward and forward. The amended returns for the previous three years can be filed for recovery. If you are uncertain of your course of action, you can ask a Lawyer on JustAnswer for further information.
Mail fraud punishment is determined on the basis of a number of factors such as the nature of the act, past criminal history, how badly the victims were hurt, whether co-operation was provided to the investigators, etc. Mail fraud penalties can be as severe as an imprisonment of up to 20 years, as it is generally considered a serious offense. The fines can also go up to 1 million dollars if the crime has affected a financial institution in some way.
Questionable advertising is not the same as mail fraud. In instances of civil cases of questionable or false advertising, one’s damages are equivalent to one’s purchase price. The cost incurred in hiring an attorney to pursue such cases dwarfs the amount of one’s damages. The easier way is to call the company, return the product, and demand a refund of the money under threat of reporting them to the FTC. A criminal complaint for questionable advertising can only be pursued by a local district attorney or U.S. attorney.
The United States Postal Service (USPS) Mail Fraud Act goes into effect when money is sent through the mail for products or services. There are several postal inspection offices in many cities with hundreds of inspectors available to investigate all types of mail frauds. The USPS website archives the mail fraud cases, and The Postal Service needs to get approval from the Justice Department before taking any actions related to mail fraud.
A mail fraud can be reported by filing a lawsuit or arbitration case based on a claim of fraud or theft. This can alternatively be done by filing mail fraud charges, a method often used by the arbitrators. There are several other legal steps that need to be pursued for recovering the mail fraud charges. Lawyers on JustAnswer can provide their expert insights on process of reporting mail fraud cases.
Mail Fraud can be perpetrated in different ways. The most common kinds of mail fraud are listed below:
A person can be attracted to a mail fraud through different mediums. The most common ways by which people get entangled in a mail fraud include:
There are different types of mail fraud, and multiple channels through which it is perpetrated. Laws and penalties for mail fraud vary from state to state and can also be determined by the gravity of the offence. All this can lead to questions about the legal recourse available to you as a citizen. One way to be sure is to ask a Criminal Lawyer on JustAnswer – get expert advice quickly. The insights can even help you determine if you need to retain legal counsel.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.