United States of America v. Andrew Johnson

Camden, New Jersey criminal defense lawyers represented the Defendant charged with attempt and conspiracy to commit mail fraud.



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Mail fraud is a federal crime involving the use of the U.S. Mail or other commercial carriers to execute a scheme to defraud. It requires proof of a scheme to defraud and the use of the mail to further that scheme. Conviction can lead to imprisonment, fines, or both.

Elements of Mail Fraud:



1. Scheme to Defraud:

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This involves a plan or artifice to deprive someone of money, property, or honest services through deceitful or dishonest means.



2. Use of the Mail:

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The scheme must involve the use of the U.S. Mail or other commercial interstate carriers (like FedEx or UPS) to carry out the fraudulent activity. The mailing itself doesn't need to be the core of the fraud, but it must be a step in executing the scheme.



Key Aspects:



Intent to Defraud:

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The defendant must have intended to deceive or be dishonest.

Material Misstatements or Omissions:

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The scheme often involves false statements or the withholding of important information.

Tangible or Intangible Property:

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The scheme can target either physical property (like money) or intangible property (like information or intellectual property).

Federal Crime:

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Mail fraud is a federal offense, and federal agencies like the FBI and DOJ investigate such cases.

"Causing" a Mailing:

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It's enough if the defendant's actions result in a mailing, even if they didn't personally mail the item.



Example:



A business owner might send out misleading advertisements through the mail, promising a high return on an investment that is actually worthless. If the mailings are part of a scheme to defraud people out of their money, this could be considered mail fraud.

SENTENCE: imprisonment 18 months. SUPERVISED RELEASE: 4 years. RESTITUTION: $23,762.55. SPECIAL ASSESSMENT: $100.00. VIOLATION SENTENCE: Term of Supervised Release extended for 18 Months on Violation 1 of the Amended Petition.