§ 1341 – Frauds and Swindles (Mail Fraud)

18 U.S.C. § 1341 – Frauds and swindles (mail fraud)

§ 1341 makes it a federal crime to use the mail to carry out a scheme to cheat or defraud someone out of money, property, or honest services.

Section 1341 is the main federal mail fraud statute. It doesn’t just punish lying by itself—it targets schemes to defraud where someone uses the U.S. mail or private carriers (like UPS or FedEx) as part of the plan. Even if the mailing is just one step in a larger scam, it can still count as mail fraud.

What the law prohibits.
A person can be charged under this statute if they knowingly:

• Create or join a scheme to cheat someone out of money, property, or honest services using lies, false promises, or misleading statements.
• Use the mail or a delivery service (such as the U.S. Postal Service, FedEx, or UPS) to send or receive letters, checks, contracts, invoices, marketing materials, or any other item that helps carry out the scheme.
• Cause something to be mailed as part of the plan, even if they don’t personally put it in the mailbox—for example, having a bank, vendor, or victim mail something because of the false statements.

The mail does not have to contain a direct lie. It just has to be part of the overall plan—such as sending bills, confirmations, or other paperwork connected to the fraud.

Examples of conduct that can lead to mail fraud charges include:

• Running a fake investment or charity and mailing brochures, receipts, or account statements.
• Sending false invoices or billing statements to get paid for services not performed.
• Mailing contracts or documents based on false information to trick someone into a deal.

Penalties.
Mail fraud is a serious federal felony. A conviction can lead to:

• up to 20 years in federal prison,
• significant fines, and
• restitution to victims for financial losses.

Penalties can be even higher if the fraud affects a financial institution or is connected to certain emergency or disaster relief programs.

View the full statute here.

If you’re under investigation or charged with mail fraud under § 1341, call (314) 900-HELP or contact our federal criminal defense attorneys to discuss your options.