Mail Fraud Lawyer

Mail fraud is a federal crime that carries up to 20 years in prison for using the mail, whether the U.S. Postal Service or a private carrier like FedEx or UPS, to carry out a scheme to obtain money or property through false pretenses. It is one of the government's oldest and most flexible fraud tools, and a single mailing can be enough to turn a business dispute or a broader scheme into a federal case. Mail fraud is rarely charged alone, and it is often stacked with wire fraud, conspiracy, and money laundering counts. If you are under investigation or charged in New York City, an experienced mail fraud attorney should be your first call.

Varghese & Associates, P.C. is a federal criminal defense firm on Wall Street, in the heart of the Southern District of New York. Mail fraud is a core part of our federal fraud defense practice, and the firm is led by Vinoo Varghese, a former prosecutor and one of the most recognized criminal defense attorneys in the country. Our mail fraud attorneys handle these cases in house, from the first subpoena through investigation, indictment, trial, sentencing, and appeal. Matters are not routed out to other firms.

Call now for a confidential consultation with a New York City mail fraud lawyer. The earlier our mail fraud defense lawyers are involved, the more they can do.

A Mail Fraud Attorney the National Media Turns To

When the biggest federal fraud cases in the country are in the news, networks and newspapers call Vinoo Varghese to explain what is really happening in the courtroom. That is the same judgment and credibility our mail fraud attorneys bring to your case.

Vinoo Varghese has provided legal analysis and commentary for CBS News, Fox News, Fox Business, CNN, MSNBC, Court TV, HLN, BBC, Inside Edition, i24 News, Sky News Arabia, and Nancy Grace's Crime Stories, and has hosted true-crime legal analysis for Vanity Fair. He has been quoted as a legal authority by The New York Times, The Wall Street Journal, the New York Law Journal, Law360, the New York Daily News, and the New York Post.

That national platform is built on real courtroom credentials:

• Former prosecutor. Before founding the firm, Vinoo Varghese served as a prosecutor in the Brooklyn District Attorney's Office, working trials, investigations, and appeals. He knows how the government builds a fraud case because he used to build them.
• Nationally ranked. Named to the National Trial Lawyers Top 100 for nine consecutive years, selected as a New York Metro Super Lawyer for eight years, and rated AV Preeminent by Martindale-Hubbell, its highest rating for legal ability and ethics, for six years.
• Teaches other lawyers to try cases. He has served on the visiting faculty of Harvard Law School's Trial Advocacy Workshop and taught trial advocacy at Cardozo, Brooklyn Law School, and Hofstra.
• A courtroom lawyer, not a referral service. He has personally tried and argued federal and state matters, including insider-trading, tax-fraud, and public-corruption cases, and has won mistrials, appeals, and acquittals through aggressive cross-examination and motion practice.

What Is Mail Fraud?

Mail fraud is the federal crime of using the mail to execute, or attempt to execute, a scheme to defraud someone of money or property through false or fraudulent pretenses, and it is prohibited by 18 U.S.C. § 1341. The statute reaches both the U.S. Postal Service and private interstate carriers such as FedEx and UPS. Mail fraud does not require that the scheme succeed or that anyone actually lose money, only that a person devised or participated in a scheme to defraud and used, or caused someone to use, the mail to further it. Even an innocent-looking mailing, like an invoice, a letter, or a shipped item, can supply the mailing element the government needs.

What Are the Elements of Mail Fraud?

To convict you of mail fraud, the government must prove beyond a reasonable doubt that you knowingly devised or participated in a scheme to defraud, that you acted with the intent to defraud, and that you used or caused the use of the mail to further the scheme. The intent element is the heart of the case. Mail fraud requires a knowing and willful intent to deceive, which means an honest mistake, a failed business venture, or a good-faith belief that your conduct was proper is not mail fraud. Much of a strong defense focuses on showing that the intent the government must prove simply was not there, or that the mailing was not part of any fraudulent scheme.

What Are Examples of Mail Fraud?

Common examples of mail fraud include mailing false invoices or billing statements, sending fraudulent checks or documents, mail-order and telemarketing schemes, insurance and health care claims sent by mail, chain letters and lottery scams, and shipping goods as part of a fraudulent transaction. Because the mailing itself supplies the federal hook, prosecutors can charge mail fraud in an enormous range of cases. In practice, mail fraud is rarely charged alone. It is frequently paired with wire fraud, conspiracy, and money laundering, stacking counts to increase both the pressure and the potential sentence.

Mail Fraud and Related Charges, and the Statutes Behind Them

A mail fraud case usually comes with companion charges, and understanding which statutes are in play matters, because each has its own elements and penalties. The charges most often filed alongside mail fraud include:

• Mail fraud, using the mail or a private carrier to further a scheme to defraud (18 U.S.C. § 1341)
• Wire fraud, the same theory using interstate wires, phone, email, or the internet (18 U.S.C. § 1343)
• Bank fraud, where a financial institution is the target (18 U.S.C. § 1344)
• Honest-services fraud, in corruption and breach-of-duty cases (18 U.S.C. § 1346)
• Conspiracy to commit mail or wire fraud (18 U.S.C. §§ 371 and 1349)
• Aggravated identity theft, which adds a mandatory consecutive term (18 U.S.C. § 1028A)
• Money laundering of the alleged proceeds (18 U.S.C. §§ 1956 and 1957)

What Are the Penalties for Mail Fraud?

Mail fraud carries up to 20 years in federal prison per count, and up to 30 years and a fine of up to $1 million per count if the fraud affected a financial institution or was connected to a federally declared disaster or emergency. Because each qualifying mailing can be charged as a separate count, exposure can multiply quickly. On top of prison time, a conviction can bring heavy fines, restitution to victims, and forfeiture of assets the government links to the scheme. The severity of these penalties is exactly why an experienced mail fraud attorney should be involved as early as possible.

How Does Sentencing Work in a Mail Fraud Case?

Federal mail fraud sentences are calculated under the United States Sentencing Guidelines, where the single biggest driver is usually the dollar amount of the intended or actual loss, along with the number of victims and the sophistication of the scheme. Because loss controls so much of the range, one of the most valuable fights in a mail fraud case is over how loss is calculated, and the government's number is often inflated or wrongly attributed. Our mail fraud attorneys challenge the loss and victim calculations, contest role and sophistication enhancements, present detailed mitigation, and argue for a sentence below the guideline range. In these cases, the difference between the government's proposed number and a well-defended one is frequently measured in years.

What Are the Defenses to a Mail Fraud Charge?

Mail fraud turns on intent, and that is where the defenses concentrate. Every case is different, but the strategies our mail fraud lawyers commonly use include:

• No intent to defraud. Mail fraud requires a knowing, willful intent to deceive. A good-faith belief, an honest mistake, or a business deal that went bad is not a crime.
• Good-faith reliance. Reasonable reliance on the advice of a lawyer or accountant can negate the intent the government must prove.
• No scheme or no material misrepresentation. The government must prove a real scheme built on a material false statement, not merely an aggressive or unusual transaction.
• The mailing was not part of a fraudulent scheme. Where the mailing was innocent or unrelated to any fraud, the required element linking the mail to the scheme can be contested.
• Attacking the loss and the paper trail. Forensic accounting can dismantle inflated damages theories and the government's account of who did what.
• Suppression. Where evidence was obtained through an unlawful search, subpoena, or seizure, our attorneys move to suppress it under the Fourth Amendment.

What Should You Do If You Are Under Investigation for Mail Fraud?

If you learn you are under investigation for mail fraud, do not talk to federal agents, do not answer a subpoena or target letter on your own, and do not alter, delete, or destroy any documents, mailings, or records. Call a mail fraud attorney immediately. Anything you say can be used against you, and destroying records after you know about an investigation can turn a defensible case into an obstruction charge. You have the right to remain silent under the Fifth Amendment and the right to counsel under the Sixth Amendment. Preserve everything, say nothing without counsel, and let your lawyer engage the government.

How Our Mail Fraud Attorneys Can Help You

Our mail fraud defense lawyers defend these cases at every stage, and they look for the earliest possible point at which the case can be won or shrunk:

• Pre-indictment defense. Responding to grand jury subpoenas and target letters, handling proffers, and negotiating with the U.S. Attorney's Office to seek a declination or reduced charges before an indictment is filed.
• Investigation and evidence challenges. Independently investigating the facts, testing the government's evidence, and filing suppression motions where evidence was unlawfully obtained.
• Motion practice. Moving to dismiss defective counts, moving in limine to limit the government's proof, and litigating venue and severance where appropriate.
• Trial. Trying cases before federal judges and juries in the Southern District, the Eastern District, and other districts as engaged, which is exactly why the firm prepares every case for trial from the start.
• Sentencing and mitigation. Challenging the loss calculation that drives the guideline range, arguing for variances, and defending against restitution and forfeiture.
• Appeals and post-conviction relief. Direct appeals to the federal circuit courts and post-conviction motions where the law and the record support them.

Representative Results

Vinoo Varghese has achieved results in serious federal and high-stakes white-collar matters, including securing a mistrial through cross-examination in a public-corruption prosecution, obtaining a new trial and ultimately an acquittal in a federal tax-fraud case after exposing prosecutorial misconduct, and defending clients in insider-trading and other fraud matters. Prior results do not guarantee a similar outcome. Every case is different, and past success in one matter does not predict the result in another.

Is Mail Fraud a Felony?

Yes. Mail fraud is always a federal felony, punishable by up to 20 years in prison, or up to 30 years if it affected a financial institution or a federally declared disaster. There is no misdemeanor version of mail fraud. Even a first offense is a felony that can carry substantial prison time, a criminal record, fines, restitution, and forfeiture, which is why every mail fraud allegation should be treated as serious from the start.

What Is the Difference Between Mail Fraud and Wire Fraud?

Mail fraud and wire fraud are nearly identical crimes that differ only in the method used to carry out the scheme: mail fraud involves the U.S. mail or private carriers, while wire fraud involves electronic communications like phone, email, or the internet. The two statutes share the same core elements and the same maximum penalties, and prosecutors often charge both in the same case when a scheme used both mail and wires. The defenses to each are largely the same, and they center on the absence of intent to defraud. You can read more on our wire fraud defense page.

Can a Mail Fraud Charge Be Dismissed Before Trial?

Yes. A mail fraud charge can be dismissed before trial through a motion to dismiss a legally defective indictment, a successful suppression motion that removes key evidence, or negotiation that leads the prosecutor to drop or reduce charges. Because mail fraud depends on proving intent and on connecting a mailing to a fraudulent scheme, these cases are often more vulnerable than they first appear. Dismissals are never guaranteed, but they are far more likely when a mail fraud attorney is involved early and challenges the government's theory before it hardens.

How Much Does It Cost to Hire a Mail Fraud Lawyer in New York City?

The cost of a mail fraud lawyer in New York City depends on the complexity of the alleged scheme, the volume of records, the number of counts, and whether the case resolves before or goes to trial. Mail fraud cases involve extensive discovery review, forensic accounting, and detailed motion practice, so they require real work. Our mail fraud attorneys are transparent about fees from the first conversation and structure the representation to fit the matter. Given the 20-year exposure at stake, the more important question is usually what an inadequate defense can cost you.

Contact a New York City Mail Fraud Lawyer Now

If you are under federal investigation, have received a target letter or grand jury subpoena, or have been charged with mail fraud anywhere in New York City, do not wait and do not talk to anyone but your lawyer. Mail fraud is part of our broader federal fraud defense practice, and a mail fraud attorney who has stood in the courtroom and tried the cases can change what happens next.

Call Varghese & Associates, P.C. for a confidential consultation. Our office is located at 2 Wall Street, Suite 310, New York, NY 10005, steps from the federal courthouses of the Southern District of New York.