6 Defenses for Mail Fraud Charges

Facing a mail fraud charge can feel like the full weight of the federal government is pressing down on you—and in many ways, it is. This is a federal felony that carries serious penalties, including prison time, massive fines, and a criminal record that can trail you for the rest of your life.

But it’s always important to remember that being charged is not the same as being convicted. You have options, and if you act quickly and strategically, you can fight back with a strong legal defense.

In this article, we’re going to unpack what mail fraud actually means, how the government builds its case, and six potential defenses that may help you challenge or reduce the charges.

The Basics of Mail Fraud

Mail fraud is defined under 18 U.S.C. § 1341 as any scheme to defraud someone of money or property using the U.S. Postal Service or a private carrier like FedEx or UPS. That means if you mailed – or caused someone else to mail – something as part of a deceptive plan, you could be on the hook for mail fraud.

Mail fraud is a very broad category, which is exactly what makes it so dangerous. The government doesn’t have to prove you successfully defrauded anyone. They only need to show you intended to commit fraud and used the mail system to help pull it off.

“Most alleged mail schemes involve more than one mailing, and federal prosecutors can charge you with one count of mail fraud for each letter sent,” mail fraud defense attorney Peter Katz notes. “This means you could face dozens of federal charges related to the same alleged scheme, which is how the government will strong-arm you into accepting an unfavorable plea deal.”

That’s why a smart, well-prepared defense is so important. You have to be ready to punch back with full force if you stand any chance of winning your case.

Defense #1: Lack of Intent to Defraud

The government has to prove beyond a reasonable doubt that you intended to deceive or cheat someone. If you can show that you acted in good faith – believing your actions were honest and legal – you might have a solid defense.

This might include:

• Evidence that you relied on legal or professional advice
• Documentation showing a lack of deceptive intent
• Witness testimony backing your version of events

If the prosecution can’t prove intent, their entire case falls apart. That’s why almost every defense starts by identifying angles to disprove a lack of intent.

Defense #2: No Use of the Mail System

It sounds obvious, but it’s crucial. To be convicted of mail fraud, the mail must have played a role in executing the alleged scheme. If the mailing was unrelated, happened after the fraud was complete, or was handled entirely through digital means, that could weaken the government’s case. Your attorney will look closely at the timing, method, and purpose of any mailings involved to see if this requirement was met.

Defense #3: The Statement or Promise Wasn’t Fraudulent

Not every broken promise or failed deal is mail fraud. Sometimes, what the government paints as a “scheme” is really just a business dispute or failed negotiation.

If your actions were part of a legitimate business deal that didn’t go as planned—or if your statement was vague or taken out of context—you may have a defense based on the absence of a clear lie or material misrepresentation.

Defense #4: You Were Not the Primary Actor

Federal prosecutors often charge multiple people in mail fraud cases, even if they didn’t personally send anything. Maybe you worked for a company involved in a broader scheme, or your name appeared on something you didn’t write or authorize.

If your role was minor or passive, and you weren’t involved in planning or knowingly helping the fraud, your attorney may argue that you were dragged in unfairly. They’ll work to separate your actions from those at the center of the scheme.

Defense #5: Entrapment or Government Misconduct

In rare cases, the government may have gone too far in its efforts to build a case. If an undercover agent or informant pressured you into committing a crime you wouldn’t have otherwise considered, you may have an entrapment defense. (Other forms of misconduct can also be used to suppress evidence or even get your case thrown out entirely.)

Defense #6: Procedural Errors or Insufficient Evidence

Mail fraud charges rely heavily on documentation – mail receipts, business records, emails, and contracts. But if the government’s evidence is flawed or based on assumptions rather than facts, your attorney can challenge the validity of the case.

This could involve:

• Questioning the chain of custody for key documents
• Pointing out inconsistencies in witness testimony
• Highlighting gaps in the timeline or logic of the alleged fraud

Federal cases often involve massive amounts of paperwork, and mistakes do happen. A sharp legal team knows how to find and exploit those cracks.

What Now?

The moment you’re charged with mail fraud, the clock starts ticking. Federal prosecutors move fast – and they’re not in the habit of filing charges they don’t think they can win. But you’re not powerless.

Start by hiring a federal criminal defense attorney who has previously handled mail fraud cases. Then supply them with all of the information you have and patiently let them do their job. That’s the best thing you can do.