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How Prosecutors Use Mail Fraud Charges Against You

How Mail Fraud Is Used as a Powerful Tool by Prosecutors

In the realm of federal criminal law, prosecutors wield a formidable weapon commonly known as mail fraud. While it may seem innocuous at first glance, a mail fraud charge (and the way mail fraud charges can be applied to a criminal case) is a powerful tool that prosecutors often utilize to secure convictions, increase the severity of charges, and impose significant additional penalties.

At Gallian Firm, as a top Dallas defense firm, we understand the complexities of federal mail fraud cases and the critical importance of mounting a strong defense against such charges. We know how to defend against these charges and form strategies that other defense firms may not even consider!  

In this blog, we’ll delve into how mail fraud is defined under federal law, its elements, penalties, and how prosecutors use it strategically to bolster other charges.

Understanding Federal Mail Fraud

Federal mail fraud is codified under Title 18, Section 1341 of the United States Code. It encompasses any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, and uses the United States Postal Service or any interstate carrier to execute the scheme. Essentially, it involves the use of the mail as a tool to further fraudulent activities.

Elements of Mail Fraud

To establish mail fraud, prosecutors must prove the following elements beyond a reasonable doubt:

  1. Intent to Defraud: The defendant must have had the specific intent to defraud another party.
  1. Material Misrepresentation: The scheme must involve material misrepresentations or omissions.
  1. Use of the Mail: The use of the mail or interstate carrier to further the fraudulent scheme.

Penalties for Mail Fraud at the Federal Level

The penalties for mail fraud can be severe. Conviction for federal mail fraud carries a maximum penalty of up to 20 years in prison and substantial fines. Additionally, defendants may be ordered to pay restitution to victims and forfeit any proceeds obtained through the fraudulent scheme. These penalties underscore the seriousness with which mail fraud is treated by federal authorities.

Prosecutorial Strategy

Mail Fraud Charges

Prosecutors often use mail fraud charges strategically to enhance other criminal charges or to create aggravated charges with more severe penalties. By adding mail fraud to a case, prosecutors can expand the scope of criminal liability and potentially increase the length of imprisonment and fines. This tactic is particularly effective when mail fraud is coupled with other white-collar offenses such as wire fraud, securities fraud, or conspiracy.

Gallian Firm: Your Defense Against Mail Fraud Charges

At Gallian Firm, we recognize the gravity of facing federal mail fraud charges and the potential consequences that accompany them. With years of experience defending clients in federal criminal cases, including mail fraud allegations, we have the expertise and resources to mount a fierce defense on your behalf. Our team of seasoned attorneys will meticulously analyze the facts of your case, challenge the government’s evidence, and advocate tirelessly to protect your rights and freedom.


In conclusion, federal mail fraud is a potent tool wielded by prosecutors to combat fraudulent activities. Understanding its definition, elements, penalties, and prosecutorial strategy is crucial for anyone facing such charges. At Gallian Firm, we stand ready to provide unparalleled defense against mail fraud allegations and federal criminal charges. If you or a loved one is facing mail fraud accusations, don’t hesitate to contact us for a free consultation at (214) 432-8860. Let our expertise and dedication work for you in your time of need.


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