Now it is possible to print, save, or share the document. Obviously, its not advisable to steal mail. Legally reviewed by Evan Fisher, Esq. 1994Pub. Depending on how the person committed the mail theft, you could face additional criminal charges such as assault, breaking, and entering. (See sections 641 and 645 of this title.). The law was created to punish individuals who knowingly open mail that is addressed to someone else. 1970Subsec. If you are facing Commonwealth charges as a result of interfering with the postal service, it is best to speak to a criminal lawyer as soon as possible. It sets the maximum punishment at five years in prison and a possible fine. Often fraudsters target vulnerable people: Veterans, and sometimes active-duty military families, are often targets of mail fraud.Veteran fraud schemesrange from: Employment schemes give unemployed people false hope that they can earn good money, but at a cost. However, McGraw-Hill proceeded with a $750,000 advance, and Life magazine also sent a good-sized check. Depending on the drug schedule that the prescription falls under, the penalty for prescription drugs can be up to 20 years and a million dollar fine for the first offense. Mail fraud is often part of white-collar crime cases, like financial fraud,Ponzi schemes,credit card fraud, or insurance fraud. It may seem like fun to vandalize a mailbox or drop a firecracker into a blue USPS collection box, but it is actually a criminal act that affects your neighbors and your community. A warrant isnt required if there is probable cause to believe that the safety of anyone is in immediate danger. The offence of tampering with mail comes under the Telecommunications and Postal Services Act 1989. Additionally, the federal government can even press charges for anyone that allows or coerces a minor into producing sexual materials that they have reason to believe will be transported through the mail. Words letter box, mail receptacle, or any mail route are from section 321 of title 18, U.S.C., 1940 ed. 1949Subsec. These letters demand immediate payment for a seemingly official registration of their business or bill some fake business-related fee to hold on to a license. Property owners could also write a note to the mail carrier, informing them that the addressee is no longer at the address and request that mail delivery to them stop. However, if you accidentally open someone elses mail, you have not committed a crime. If its combined with a few other letters that are addressed to you, you may accidentally open it, thinking that it was yours. It is common knowledge that under our current postal system, a citizens mail is considered personal property. 1994Pub. The conviction was upheld. Search, Browse Law These conditions limit the person's liberties, such as by requiring the probationer to regularly report to a probation monitor, submitting to random home searches or random drug tests, not associating with known criminals, and not committing other crimes. However, the law cannot be applied if you did not recognize that the mail was not yours when you opened it. The United States government takes the matter of mail delivery very seriously. Violating probation conditions can result in the defendant serving the federal prison sentence. When a mail fraud scheme succeeds in defrauding someone of property or causes harm to a victim, courts make restitution a part of the sentence. However, there are numerous other federal fraud laws that can apply to other fraud schemes which do not use the mail, such as wire fraud or computer fraud. Do Not Sell or Share My Personal Information, Racketeer Influenced and Corrupt Organizations Act, Do Not Sell or Share My Personal Information, charity and marketing scams (many targeting elderly victims). The federal court sentenced Kerner to three years in prison and a $50,000 fine. Specifically, it is illegal to send an email threatening to kidnap or injure someone. Act May 24, 1949, 37(b), substituted newspapers for newspaper. No cases are reported of prosecutions for mail theft under section 321 of title 18, U.S.C., 1940 ed., which relates primarily to malicious mischief respecting letter boxes. How Do I Know If My Health Insurance Premiums are Considered Pre-Tax or Post-Tax Earnings? Similarly, if you have been charged with tampering with mail based on an accident or error by Australia Post, you may be able to successfully have the charges against you withdrawn. Explore opportunities with the Postal Inspection Service. In the case you're charged with mail theft, you can face up to 5 years behind bars in federal prison and receive a fine of up to $250,000. This crime comes with up to three years in prison and/or a fine. Subsec. Founded by Benjamin Franklin in 1775, the USPIS has jurisdiction over the local, state, and federal postal systems, employees, and customers. However, if the tenant is currently under a lease but simply absent from the property for a vacation or other reason, handling mail delivery can become a bit more difficult. Amendment by Pub. Fraudsters also prey on immigrant-owned businesses, hoping to take advantage of owners who do not speak English as their first language. For example, in California, mail theft is a crime that is specifically prohibited by the California Penal Code. The International Travel Act of 1961 brought mail fraud into organized crime cases. Restitution payments are made to the victims so they can recover what they lost as a result of the fraud. Jayne Thompson earned an LL.B. What Are the Punishments for Mail Fraud, Theft, and Other Mail Related Felonies? 4, 1909, ch. By taking this action, the USPS will recognize the mistake and redeliver the letter to the correct persons address. You can actually go to prison for up to six months and get a fine for prohibiting or slowing down a postal worker or any type of conveyance from delivering mail to its destination, according to 18 U.S. Code1701. The federal crime ofmail fraudinvolves two elements: "(1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme.". The USPS Domestic Mail Manual is very clear that mailboxes are not to be used for anything other than official mail with postage attached, so you can't go around the neighborhood delivering flyers. When mail for an absent or former tenant is piling up, property owners must take action to prevent a small nuisance from becoming a big legal problem. He appealed the conviction and the courts overturned all but four charges of mail fraud. Common fraud schemes charged under mail fraud include: Someone charged with mail fraud runs the risk not only of a felony conviction for that offense, with a significant fine and prison time, but a charge of racketeering as well. Penalties For Opening Someone Elses Mail. It is a federal offense to tamper with a mailbox or the items in it. In 1987, the U.S. Supreme Court disagreed with the Court of Appeals. However, if they have a prior related conviction, they can be subject to at least 15 years and up to 40 years. The attorney listings on this site are paid attorney advertising. A warrant, however, does require probable cause, meaning that they must have reasonable grounds to believe that the package or letter in question being mailed is involved in a crime in some way. The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. She practiced in various Big Law firms before launching a career as a commercial writer. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Ponzi himself, however, was getting rich, making $250,000 a day, reportedly, until The Boston Post began investigating. 261, 1, 39 Stat. This act covers a large number of different activities that are considered to be Commonwealth offences. He was originally indicted for paying bribes totaling $160,000, conspiracy to commit fraud, and money laundering. Be careful about what you send. He lives by the mantra of Learn 1 new thing each day! In addition, there may be sizable fines to pay. This law is contained in 18 U.S. Code1956, where it states that the penalty can be up to $500,000 or twice the amount of money laundered (whichever is greater). Each offense can result in a felony sentence of up to 20 years in federal prison. Protect it by hiring Real Property Management to assist with tenant mail delivery problems and all other aspects of tenant relations. 321, 195, 196, 35 Stat. However, if you accidentally open someone else's mail, you have not committed a crime. The victims often do not see the tiny type at the bottom of the page, disclaiming any company affiliation with the government. Intentionally opening, intercepting or hiding someone else's mail is the felony crime of mail theft. One of the most famous cases of mail fraud is the Ponzi Scheme. If they are unable to deliver mail, usually a post office will hold the persons mail at the office until they come and pick it up in person. The prosecutor's job in a mail fraud case is relatively straightforward, requiring only that the prosecutor prove that the defendant had a plan to defraud and used the mails (or other interstate means) to carry it out. He contacted the publishing company McGraw-Hill and claimed that he had made contact with the infamous Howard Hughes, living as a recluse at that time, who had given him permission to write his biography he had not. According to the Unites States Postal Inspection Service (USPIS), they made 2,487 arrests for mailbox theft. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. The prosecutor can even prove "mailing" by pointing to an office's regular mailing procedures. The U.S. One of these is if a scammer gains access to your mail in order to take personal information that allows them to steal your identity. L. 103322 substituted fined under this title for fined not more than $500 in subsec. Whether delivered by the United States Postal Service, a private carrier like FedEx, or a commercial interstate carrier, the mail is an instrument of interstate commerce. His elaborate story included meetings and interviews, and eventually some letters from Hughes found their way into his collection of evidence. While a mailbox is considered federal property, it's up to each homeowner to maintain his own mailbox. Otto Kernerwas a federal judge on the 7th Circuit Court of Appeals, having previously served as the Democratic Governor of Illinois. When a delivery is made to your mailbox, the USPS is relying on you to do the right thing and reroute the mail to its intended recipient. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. These include: These offences dont just relate to items that are carried by Australia Post, other mail carriers and delivery services are also included. Taking Items Out of a Mailbox It's a federal crime to steal someone's mailbox, to steal mail from a mailbox, or to snatch mail items that are in the process of delivery. Tampering or interfering with letters or other articles that are being delivered by Australia Post. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult a lawyer if you want legal advice. A federal statute known as 18 USC Section 1702 makes it illegal to open correspondence addressed to someone else. Mail theft as defined by the federal law is a misdemeanor offense in California, punishable by up to a year in jail and a $1,000 fine. Sydney Criminal Lawyers Representing Locals in Parramatta Court, Untold Current Atrocities: Myanmars Persecution of the Rohingya, Justice Delayed is Justice Denied: Calls for Speedier Outcomes to Criminal Cases, Taking to the Streets in Protest? 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