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18 U.S.C. § 1341 defines federal mail fraud very broadly as a person intending to defraud others who uses the Postal Service in any way to further the fraud.  The penalty ranges from a fine to imprisonment for up to 20 years or both.  If the mail fraud concerns a presidentially declared major disaster or emergency or affects a financial institution, the penalty ranges from a fine not more than $1,000,000 to imprisonment for up to 30 years or both.

“Just because the government says it’s mail fraud doesn’t make it mail fraud.”  Lisa Witt



The penalties for mail fraud carry serious financial and personal consequences.  Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply:


  • Act described is not mail fraud:  The act described in the indictment may not fit the statutory definition of mail fraud.


  • Charged “mailings” did not execute the scheme:  Charged “mailings” must be for the purpose of executing the scheme.


  • Good faith or the absence of intent to defraud:  You may have acted in good faith or can otherwise prove absence of intent to defraud.


  • Entrapment:  You may have been entrapped by federal law enforcement to commit mail fraud.

“I’m an expert in poking holes in the government’s evidence.”

  Lisa Witt

  • Acting on advice of your attorney:  You may have been acting on the advice of your attorney.


  • Government witnesses are not credible:  They are mistaken or lying about what happened.


  • Lack of materiality of falsehood:  The falsehood may lack the materiality needed to prove mail fraud beyond a reasonable doubt.


  • Incredibility of government’s story:  The government’s story may be incredible based on the timeline or other evidence.


  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted. 


  • Suppression of government’s evidence:  The government may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.


  • Insufficiency of government’s evidence:  The federal government may have insufficient evidence to prove mail fraud beyond a reasonable doubt.


  • Reduction in number of counts: Each count of your indictment should concern a separate criminal act or victim and not be parts of the same mail fraud. 


  • Law enforcement misconduct:  There may be law enforcement misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.


  • Government misconduct:  There may be government misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.


  • Possible other defenses:  Depending on the unique facts of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.


If you or a loved one is facing a charge of federal mail fraud, it’s very important to hire a thorough and passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona mail fraud defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

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