Mail fraud typically refers to a scheme to defraud a person or persons via the U.S. Mail System. This type of fraud is prosecuted at the federal level, in the district where the offense is believed to have taken place. However, there are lesser mail-related charges in California, such as mail theft, which can be committed much easier and with a higher degree of possibility for an accidental infringement.
Technically, every person has the obligation to return mail sent to the wrong address to sender; failing to do so, or keeping mail mistakenly sent to your address is technically mail theft.
San Diego Attorney for Mail Fraud Charges
Whether it is as a result of a misunderstanding, an accident, or some other reason, if you have been arrested for mail fraud, you need to contact an experienced defense attorney immediately.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving mail fraud. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.
Does California Have a Mail Fraud Charge?
Mail Fraud is typically considered a federal crime. While California does have its own laws that regulate the interruption of mail and the misuse of mail, these charges fall under the broader category of identity theft, which is governed by California Penal Code Section 530.5.
Mail Theft is defined under Section 530.5(e):
(e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section.
Additionally, federal laws under 18 U.S.C. § 1341 address Mail Fraud, which may apply in cases involving broader schemes or interstate activities.
Under California law, using another person’s personal identifying information without consent for fraudulent purposes—such as obtaining credit, goods, or services—is considered identity theft. If the fraudulent activity involves mail theft or misuse, it can be prosecuted under the same statute.
Federal Mail Fraud Law
The federal mail fraud statute, 18 U.S.C. § 1341, prohibits using the mail or private carriers to execute or attempt to execute a scheme to defraud or obtain money or property through false pretenses, representations, or promises. It also covers schemes involving counterfeit or fraudulent goods, documents, or financial instruments.
Jury Considerations in Mail Fraud Cases
For a conviction under Penal Code Section 530.5, the prosecution must prove specific elements beyond a reasonable doubt. There are two elements in mail fraud:
- The offender must have devised or intended to devise a scheme to defraud or perform specified fraudulent acts and
- Must have used mail for said purposes.
These acts can include the intent to commit identity theft by intercepting mail to steal personal information or using the mail system to attempt to defraud people by using fake surveys, falsified “official notices” and other fraudulent devices.
Jury Instructions for Mail Fraud
The jury is guided by Judicial Council of California Criminal Jury Instructions (CALCRIM). In the case of mail fraud, the jury must consider whether the crime:
- CALCRIM No. 2040: Used unauthorized personal identifying information.
- CALCRIM No. 2041: Possessed such information fraudulently.
- CALCRIM No. 2043: Involved a defendant who knowingly facilitated the misuse of identifying information.
Similar Offenses to Mail Fraud
Mail Fraud charges may encompass related but lesser offenses depending on the severity and nature of the conduct. Examples include:
- Petty Theft (Penal Code Section 484): If the fraudulent conduct involves stealing mail or small amounts of money or property, it may be charged as petty theft.
- Forgery (Penal Code Section 470): Creating or using forged documents, such as checks or credit cards, might be charged separately or as a lesser offense.
- Identity Theft (Penal Code Section 530.5(a)): While closely related, lesser charges of identity theft may apply if the fraudulent activity does not involve mail or higher degrees of fraud.
Penalties for Mail-related Offenses in California
Mail Fraud penalties in California vary significantly depending on whether the offense is prosecuted at the state or federal level, as well as the severity of the fraudulent activity.
At the state level, a misdemeanor mail theft conviction may result in up to one year in county jail and fines of up to $1,000.
Federal prosecution under 18 U.S.C. § 1341 is even more severe, with penalties including up to 20 years of imprisonment, fines of up to $250,000 and restitution to the victims.
The Distinction Between Federal Mail Fraud and Wire Fraud
Mail fraud and wire fraud are separate offenses under federal law, though they often overlap. Mail fraud involves schemes to defraud that utilize the postal service or private mail carriers, while wire fraud (18 U.S.C. § 1343) involves electronic communications such as email, phone calls, or text messages. The main difference lies in the mode of communication used to further the fraudulent scheme. Prosecutors may charge both offenses if the scheme involves both mail and electronic methods. For example, if the offender sends mail to a victim who is then prompted to call a number where they are defrauded.
Additional Resources
California Penal Code Section 530.5 – Mail Fraud Law
This source contains the text of California Penal Code Section 530.5, detailing laws related to identity theft and Mail Fraud in California. It includes definitions of key terms, elements of the offense, and the penalties for violating these laws.
Consumer Resources – San Diego County District Attorney
This page from the San Diego County District Attorney’s office lists resources and tips for reporting fraud and protecting consumers. It includes contact information for various agencies, advice on avoiding scams, and links to additional guides. It serves as a practical tool for residents looking to address consumer complaints or prevent fraud.
Junk Mail and Unsolicited Calls Common Scams – California Department of Justice
This resource, hosted by the California Department of Justice, educates consumers about common scams involving junk mail, spam calls, and phishing emails. It explains how to identify fraudulent activities, protect personal information, and report scams.
Report – United States Postal Inspection Service (USPIS)
The United States Postal Inspection Service website outlines how to report crimes involving the misuse of U.S. mail, including Mail Fraud, mail theft, and counterfeit stamps. It provides reporting forms, contact details, and victim support resources.
Hire an Attorney for Mail Fraud Charges in San Diego County, CA
Whether it is as a result of a misunderstanding, an accident, or some other reason, if you have been arrested and charged with mail fraud or mail theft, you need to contact an experienced defense attorney immediately.
Attorney Michael Cindrich has decades of experience protecting people’s rights, including in cases involving fraud. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and of course San Diego proper.
Contact Michael Cindrich right away for a free consultation at (619) 262-2500.