Mail fraud

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Mail fraud is a federal crime that is often charged against defendants. 18 U.S.C. § 1341.

To obtain a conviction, the government need prove only three elements:[1]

  • (1) a scheme to defraud
  • (2) which involves a use of the mails
  • (3) for the purpose of executing the scheme."

The test to determine whether a defendant caused the mails to be used is whether the use was reasonably foreseeable; the defendant need not intend to cause the mails to be used.[2]


  1. United States v. Ingles, 445 F.3d 830, 835 (5th Cir. 2006).
  2. Id.