Mail fraud and mail theft are federal crimes in the United States, punishable by years in prison, heavy fines, and permanent criminal records. From stolen checks and stimulus payments to large-scale fraud schemes using USPS, these crimes affect millions of Americans every year.
According to the U.S. Department of Justice (DOJ) and the U.S. Postal Inspection Service, mail-related crimes cause billions of dollars in financial losses every year in the United States. The DOJ reports that mail fraud alone is one of the most frequently charged federal offenses because of how often the U.S. Postal Service (USPS) is used in everyday financial transactions.
Mail fraud is not a minor offense. Federal prosecutors treat it as a serious crime because it undermines public trust in the national mail system, which handles more than 127 billion mail pieces annually.
What Is Mail Fraud Under U.S. Federal Law?
Mail fraud is defined under 18 U.S. Code § 1341. The statute states that mail fraud occurs when a person:
Uses the U.S. Postal Service or any private or commercial interstate mail carrier to carry out a scheme to defraud or obtain money, property, or services through false representations.
Mail fraud has three required elements under federal law:
- A scheme to defraud, such as lying, deception, or false promises
- Intent to defraud, meaning the act was deliberate
- Use of the mail, including USPS, FedEx, UPS, or DHL
The crime is complete once the mail is used—even if the fraud fails or the victim does not lose money.
Common Examples of Mail Fraud in the United States
Mail fraud covers a wide range of activities. There are 9 common categories frequently prosecuted in U.S. courts:
- Fake lottery or sweepstakes letters
- Stolen or altered checks sent through USPS
- Insurance fraud applications mailed to companies
- Mortgage fraud documents mailed to lenders
- Charity scams requesting mailed donations
- Business invoice fraud schemes
- Credit card applications using false identities
- COVID-19 relief or stimulus check fraud
- Elder financial exploitation through mail solicitations
Each example involves deception combined with mail usage, which triggers federal jurisdiction.
What Is Mail Theft?
Mail theft is different from mail fraud but often connected to it. Mail theft occurs when someone steals, takes, or intercepts mail that does not belong to them.
Mail theft is covered under 18 U.S. Code § 1708. Mail theft includes:
- Stealing mail from a residential mailbox
- Taking mail from apartment mailrooms
- Breaking into USPS collection boxes
- Removing checks, credit cards, or packages
- Possessing stolen mail knowingly
Stealing even one letter or one check can lead to federal charges.
Difference Between Mail Fraud and Mail Theft
Mail fraud focuses on deception, while mail theft focuses on unauthorized taking.
| Category | Mail Fraud | Mail Theft |
|---|---|---|
| Core Act | Deception or scheme | Stealing mail |
| Intent | Intent to defraud | Intent to possess stolen mail |
| Law | 18 U.S.C. § 1341 | 18 U.S.C. § 1708 |
| Prison Time | Up to 20–30 years | Up to 5 years |
| Federal Jurisdiction | Always | Always |
A single case can involve both charges, which increases penalties significantly.
Federal Punishments for Mail Fraud
Mail fraud carries severe penalties under U.S. federal sentencing laws.
Standard Mail Fraud Penalties
- Up to 20 years in federal prison
- Fines up to $250,000 for individuals
- Fines up to $500,000 for organizations
- Mandatory restitution to victims
- Supervised release after prison
Enhanced Penalties
The maximum sentence increases to 30 years if the fraud involves:
- A financial institution
- Federal disaster relief
- COVID-19 relief funds
Federal judges calculate sentences using the U.S. Sentencing Guidelines, which consider:
- Dollar amount lost
- Number of victims
- Use of stolen identities
- Vulnerable victims, such as seniors
Punishments for Mail Theft
Mail theft penalties are lower than mail fraud but still serious.
Mail theft punishment includes:
- Up to 5 years in federal prison
- Fines up to $250,000
- Probation or supervised release
- Restitution to victims
Repeat offenders or organized theft rings face longer sentences.
Other Mail-Related Federal Felonies
There are 7 major mail-related felonies beyond fraud and theft.
1. Identity Theft Through Mail
Using stolen mail to obtain Social Security numbers, bank statements, or tax forms triggers identity theft charges under 18 U.S.C. § 1028.
Penalty:
- Up to 15 years in prison
2. Check Washing and Check Fraud
Check washing involves altering payee names or dollar amounts using chemicals.
Penalty:
- 10–30 years, depending on amount and victims
3. Mail Tampering
Destroying, hiding, or delaying mail intentionally is illegal.
Penalty:
- Up to 5 years
4. Possession of Stolen Mail
Possessing stolen mail with knowledge it is stolen qualifies as a felony.
Penalty:
- Up to 5 years
5. Mail Bomb Threats or Dangerous Devices
Sending harmful items through mail is one of the most severe offenses.
Penalty:
- Life imprisonment, in extreme cases
6. Fraudulent Change-of-Address Requests
Redirecting mail to steal information or funds.
Penalty:
- Up to 5 years
7. Conspiracy to Commit Mail Fraud
Agreeing with others to commit mail fraud increases charges.
Penalty:
- Same as mail fraud, plus conspiracy counts
Learn More: What Is Racketeering? RICO Law, Penalties & Examples of Crimes
Recent Mail Fraud and Mail Theft Cases in the United States
Case 1: California Check Theft Ring (2023)
In 2023, federal prosecutors charged 8 individuals in California for stealing checks from USPS collection boxes and altering them.
- Losses exceeded $3.5 million
- Defendants used chemical washing
- Sentences ranged from 4 to 12 years
Case 2: COVID-19 Relief Mail Fraud (2022–2024)
The DOJ prosecuted over 1,500 defendants nationwide for mail-related COVID relief fraud.
- Fake applications mailed to agencies
- Losses exceeded $200 billion nationally
- Average sentence: 6–15 years
Case 3: Elder Mail Fraud Scam – Florida (2024)
A Florida-based scam targeted seniors aged 65 to 89 using fake prize letters.
- Victims lost $1.2 million
- Defendant sentenced to 18 years
- Court cited “emotional harm to elderly victims”
Who Investigates Mail Crimes in the U.S.?
Mail crimes are investigated by the U.S. Postal Inspection Service, one of the oldest federal law enforcement agencies, founded in 1775.
They work with:
- FBI
- IRS Criminal Investigation
- Department of Homeland Security
- State and local law enforcement
USPS inspectors have authority across all 50 states.
How to Protect Yourself From Mail Fraud and Theft?
There are 6 practical prevention steps:
- Use locked mailboxes
- Collect mail daily
- Avoid leaving outgoing checks overnight
- Shred sensitive documents
- Monitor bank statements weekly
- Report suspicious mail immediately
Why Mail Crimes Are Taken So Seriously?
Mail fraud and mail theft are not victimless crimes. They disrupt financial systems, target seniors, damage businesses, and erode trust in national infrastructure. Federal courts impose harsh sentences because even a single fraudulent letter can trigger widespread harm.
Understanding these laws helps individuals stay protected, recognize warning signs, and avoid actions that could lead to life-changing consequences. Legal awareness is not optional—it’s protection.
FAQs
What exactly constitutes “Mail Fraud”?
Mail fraud is a federal crime that occurs when someone uses the U.S. Postal Service (USPS) or any private or commercial interstate carrier (like FedEx or UPS) to further a scheme to defraud someone of money or property. The key is the intent to deceive combined with the act of mailing.
Does the fraudulent material have to be sent through USPS specifically?
No. Under 18 U.S. Code § 1341, mail fraud applies to anything sent via the U.S. Postal Service or any private/commercial interstate carrier. If you use a delivery service to facilitate a scam, it qualifies as mail fraud.
What is the difference between “Mail Fraud” and “Mail Theft”?
Mail Fraud: Using the mail system as a tool to trick people out of money (e.g., sending a fake sweepstakes letter). Mail Theft: The physical act of stealing, taking, or intercepting mail that does not belong to you (e.g., “porch piracy” or stealing from a mailbox).
Is stealing a package from a porch considered a federal crime?
Yes. Because the package was handled by a mail carrier and intended for a specific recipient, stealing it is a violation of federal law. This is often referred to as Mail Theft (18 U.S. Code § 1708).
Is it illegal to open someone else’s mail even if it was delivered to my house?
Yes. Intentionally opening mail addressed to someone else—even if it was delivered to your address by mistake—is a federal felony. The law requires you to return it to the carrier or the post office.
What are the penalties for stealing mail?
Mail theft is a felony. A conviction can result in up to five years in federal prison and fines of up to $250,000.
What is the maximum sentence for Mail Fraud?
For standard mail fraud, the penalty is up to 20 years in prison and significant fines. However, if the fraud affects a financial institution or is connected to a presidentially declared disaster/emergency, the sentence can increase to 30 years and fines up to $1,000,000.
Can I be charged with Mail Fraud if the victim never actually lost money?
Yes. To be convicted, the prosecution only needs to prove that you intended to defraud someone and used the mail to further that scheme. The “success” of the scam is not required for a conviction.
Are mail-related crimes always prosecuted at the federal level?
Generally, yes. Because the USPS is a federal agency and mail involves interstate commerce, these crimes fall under federal jurisdiction and are investigated by the U.S. Postal Inspection Service and prosecuted by U.S. Attorneys.
What is “Mailing Prohibited Items”?
It is a felony to use the mail to send dangerous or illegal items, including explosives, certain chemicals, or illegal drugs. This is often charged under “Mailing of Injurious Articles.”
What is “Identity Theft” in the context of mail?
This occurs when someone steals mail (like bank statements, credit card offers, or tax forms) to obtain personal information and commit further fraud. This often results in a “stacking” of charges: Mail Theft, Mail Fraud, and Aggravated Identity Theft.
How do I report suspected mail fraud or theft?
You should contact the U.S. Postal Inspection Service (USPIS) via their website or by calling 1-877-876-2455. They are the primary law enforcement arm responsible for protecting the U.S. Mail system.
How can I protect myself from mail-related crimes?
Sign up for Informed Delivery: USPS sends you a digital preview of your mail.
Retrieve mail daily: Don’t leave it in the box overnight.
Use a P.O. Box: For high-value items or sensitive documents.
Hold Mail: If you are going on vacation, use the USPS “Hold Mail” service
