Mail fraud investigations often begin before criminal charges are filed. A subpoena, search warrant, target letter, grand jury investigation, or request for financial and business records may indicate that federal prosecutors are examining whether the mail or a private delivery service was used as part of an alleged fraudulent scheme.
Levenson Law Firm represents individuals, professionals, executives, and business owners facing serious mail fraud investigations and prosecutions in Pittsburgh and throughout Western Pennsylvania.
Mail fraud cases are often document-intensive. They may involve financial records, contracts, applications, invoices, correspondence, electronic communications, witness testimony, and evidence concerning the purpose and timing of particular mailings.
Effective criminal defense begins with examining what the government must prove, how the mailing relates to the alleged scheme, what the evidence actually shows, and what may still be missing.
The strategy depends on the case. The commitment does not.
Federal mail fraud is generally charged under 18 U.S.C. § 1341. The government typically must prove that the accused knowingly participated in a scheme to defraud and used, or caused someone else to use, the United States mail or a private interstate carrier for the purpose of carrying out that scheme.
The mailing itself does not need to contain a false statement. Prosecutors may argue that an otherwise routine letter, check, invoice, application, contract, notice, or package helped advance, conceal, or complete the alleged scheme.
Mail fraud allegations may arise from many different types of conduct, including:
Not every inaccurate statement, failed business transaction, breach of contract, or disputed financial arrangement constitutes criminal fraud. The government must prove criminal intent and a qualifying connection between the alleged scheme and the mailing.
Mail fraud investigations may be conducted by federal agencies such as the Federal Bureau of Investigation, the United States Postal Inspection Service, the Internal Revenue Service Criminal Investigation Division, the Department of Health and Human Services Office of Inspector General, or another agency connected to the underlying allegations.
An investigation may begin through a complaint, audit, civil lawsuit, suspicious financial activity report, cooperating witness, search warrant, subpoena, or review of business and financial records.
Investigators may seek:
Early legal advice can be important before responding to an interview request, producing documents, communicating with investigators, or attempting to explain disputed transactions.
Mail fraud cases commonly focus on whether there was an intentional scheme to obtain money or property through deception. The government may rely on documents, communications, witness testimony, transaction histories, and circumstantial evidence to argue that the accused acted with fraudulent intent.
Important issues may include:
The existence of a mailing does not, by itself, establish mail fraud. The mailing must be sufficiently related to the execution or completion of the alleged fraudulent scheme.
The appropriate defense depends on the facts, the evidence, the client’s role, and the stage of the investigation or prosecution.
Potential issues may include:
Mail fraud investigations often involve large volumes of documents and communications. Those records must be evaluated in context rather than viewed only through the government’s theory of the case.
A mail fraud conviction may carry significant penalties, including imprisonment, fines, supervised release, restitution, and forfeiture.
Under 18 U.S.C. § 1341, mail fraud generally carries a maximum penalty of up to 20 years in federal prison. If the offense affects a financial institution or involves certain federally declared disasters or emergencies, the maximum penalty may be higher.
The sentence in a particular case may depend on factors such as:
Because federal sentencing can be heavily influenced by loss calculations and offense-specific enhancements, those issues should be examined carefully and challenged when the evidence does not support the government’s position.
Mail fraud may be charged alone or together with other federal offenses, including:
The presence of multiple charges can significantly affect the complexity of the case, the potential sentencing exposure, and the strategy required.
Clients work directly with Amy Jones throughout the representation. Levenson Law Firm intentionally maintains a limited caseload so that each matter receives the time, preparation, and individualized attention serious federal criminal defense requires.
We begin by examining the government’s theory, reviewing the available evidence, identifying legal and factual issues, and understanding the client’s circumstances and objectives.
Depending on the case, the strategy may include advising a client during an investigation, responding to subpoenas, communicating with prosecutors, challenging the admissibility or sufficiency of evidence, preparing for trial, negotiating a resolution, or developing a sentencing and mitigation strategy.
No lawyer can honestly promise a particular result. What we can promise is careful preparation, sound professional judgment, candid advice, and individualized representation throughout every stage of the case.
The strategy depends on the case. The commitment does not.