New York City mail fraud attorneys Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/practice-areas/criminal-defense/fraud/mail-fraud/) explaining mail fraud in New York. The lawyers mention in their article that under 18 USC 1343, the use United States Postal Service (USPS) during a scheme to take money from another person by fraud or false pretense is illegal. UPS or FedEx and other private commercial interstate mail carriers also fall under the said statute.
“Mail fraud is using the mail to defraud another person, business, financial institution, or governmental agency of money or property. The belief that the lie or fraud itself must involve the mail is a common misconception. All that must be proven is that the mail was used or caused to be used during the course of the fraud,” the article from the New York City mail fraud attorneys says.
According to attorney Russ Kofman, any behavior that may seem harmless can be subject to a serious federal crime if it involves the mail in a criminal fraud or scheme. Any innocent mailing can also be brought under the law’s jurisdiction. A scheme to defraud means stealing money from someone else by lying to them.
Attorney Arthur Lebedin adds that it is very easy to commit mail fraud. The penalties for mail fraud are also some of the most severe for nonviolent crimes. A defendant may face up to 20 years in prison if they are convicted. The defendant may also be made to pay a fine of up to $250,000.
In the article, both lawyers explain that the prosecution must be able to prove certain things beyond a reasonable doubt in order to convict someone. These reasons to convict include that the defendant devised a scheme to defraud another person, that the defendant intentionally tried to defraud another person, and that the defendant used or caused someone else to use the mail during the course of the scheme.
Attorney Kofman adds that, “The mail fraud state is very broad and can be used in many different cases brought by federal prosecutors. The mailing does not have to be illegal; it only has to be related to the scheme to defraud another. A case may begin with the United State Postal Inspection Service or by any other federal law enforcement agency such as the FBI or IRS.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of mail fraud. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They also handle civil rights cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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