What Is Mail Fraud?
Mail fraud is a federal crime under 18 U.S.C. § 1341. It covers using the U.S. Postal Service, or a private or commercial interstate carrier, to carry out a scheme to defraud or to get money or property by false pretenses. It is a felony punishable by up to 20 years in prison, or up to 30 years and a $1,000,000 fine in certain disaster-related or financial-institution cases, and it is investigated by the U.S. Postal Inspection Service.
What the law says
- 18 U.S.C. § 1341 applies to anyone who devises or intends to devise a scheme to defraud, or to obtain money or property by false or fraudulent pretenses, representations, or promises, and who, to carry out or attempt the scheme, places matter in the mail to be sent by the Postal Service, sends or receives it through a private or commercial interstate carrier, or knowingly causes it to be delivered by mail or such a carrier. 18 U.S.C. § 1341 (govinfo.gov)
- The basic penalty for mail fraud is a fine, up to 20 years in prison, or both. 18 U.S.C. § 1341 (govinfo.gov)
- If the violation relates to a benefit connected with a presidentially declared major disaster or emergency, or affects a financial institution, the maximum is a fine of up to $1,000,000, up to 30 years in prison, or both. 18 U.S.C. § 1341 (govinfo.gov)
- A separate law, 18 U.S.C. § 1342, makes it a crime to use a false, fictitious, or assumed name or address to carry out a mail fraud scheme, or to take mail addressed to such a name; it carries up to five years in prison, a fine, or both. 18 U.S.C. § 1342 (govinfo.gov)
- Under 18 U.S.C. § 1349, attempting or conspiring to commit mail fraud carries the same penalties as the completed offense. 18 U.S.C. § 1349 (govinfo.gov)
- Unless a statute sets a different amount, the maximum fine for an individual convicted of a federal felony is $250,000, or alternatively up to twice the gross gain from the offense or twice the gross loss it caused. 18 U.S.C. § 3571 (govinfo.gov)
- The general federal deadline to charge a non-capital offense is five years, but mail fraud and wire fraud that affect a financial institution have a 10-year deadline. 18 U.S.C. § 3293 (govinfo.gov)
- The U.S. Postal Inspection Service says any fraud that uses the U.S. Mail, whether it starts in the mail, by phone, or online, is mail fraud; it lists schemes such as fraud against older Americans and veterans, sweepstakes and lottery fraud, employment fraud, telemarketing fraud, and financial fraud. U.S. Postal Inspection Service, Mail Fraud
- The Postal Inspection Service reports 470 mail fraud convictions in fiscal year 2022, and takes reports online at uspis.gov/report or by phone at 1-877-876-2455. U.S. Postal Inspection Service, Mail Fraud
- Justice Department policy opposes basing mail fraud venue solely on mail passing through a jurisdiction, and says isolated transactions ordinarily should not be prosecuted federally while schemes aimed at a class of people or the general public deserve serious consideration. U.S. Department of Justice, Justice Manual 9-43.000 (Mail Fraud and Wire Fraud)
- In Ciminelli v. United States (2023), the Supreme Court held that a scheme to deprive a victim of potentially valuable economic information (the "right-to-control" theory) cannot support a conviction under the federal fraud statutes, because that is not a traditional property interest. Ciminelli v. United States, 598 U.S. 306 (2023), Syllabus
FAQ
Does mail fraud only involve the U.S. Postal Service?
No. Section 1341 also covers sending or receiving matter through a private or commercial interstate carrier.
What is the maximum sentence for mail fraud?
Up to 20 years in prison plus a fine, or up to 30 years and a fine of up to $1,000,000 if the offense involves a presidentially declared disaster or emergency benefit or affects a financial institution.
Who investigates mail fraud?
The U.S. Postal Inspection Service takes mail fraud reports and investigates mail-related crime.
Can a scam that started online or by phone be mail fraud?
The Postal Inspection Service says any fraud that uses the U.S. Mail, whether it originates in the mail, by phone, or online, is mail fraud.
Does the victim have to lose money?
Not necessarily. In Kousisis v. United States (2025), the Supreme Court held that a defendant who induces a victim into a transaction under materially false pretenses may be convicted of federal fraud even without seeking to cause economic loss.
How do I report suspected mail fraud?
The Postal Inspection Service lists an online form at uspis.gov/report, the phone number 1-877-876-2455, and a mailing address at its Criminal Investigations Service Center in Chicago.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.