Mail fraud is a serious federal crime that attempts to use the postal service to exploit others for personal financial gain. Some examples of mail fraud include soliciting for a fake charity, sending fake bills or selling misleading products.
If a person is accused and arrested of mail fraud, it is crucial that they understand their legal rights. A federal conviction for mail fraud carries hefty penalties, including up to 30 years of incarceration and millions of dollars in fees. Defending against mail fraud could protect a person’s future. Here are some possible defenses against mail fraud:
1. Lack of intent
One of the possible defenses against mail fraud is proving there was a lack of intent. In other words, the defendant made an honest mistake, and any harm done to others was unintended. The defendant may show that they genuinely believed they were acting in good faith in their product, investment or promise.
2. Statute of limitations
A claim that a person committed mail fraud typically must be filed within the statute of limitations. The statute of limitations is a deadline to hold people accountable for their actions. The statute of limitations for mail fraud is typically five years from the last date the fraudulent scheme was committed. A defendant may have a claim dismissed if it exceeds the statute of limitations.
3. Lack of evidence
While a defendant may be accused of committing mail fraud, evidence is a key factor to support a claim, such as financial statement mistakes. However, without strong evidence to support a mail fraud claim, the prosecutors may not have a claim against the defendant.
Legal guidance can help protect the rights of those facing mail fraud charges.