Mail Fraud

Before a person can be convicted of the federal crime of mail fraud, the prosecutor must prove the following four things beyond a reasonable doubt:

  1. The person charged knowingly devised or participated in a scheme to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations or promises;
  2. The false or fraudulent pretenses, representations or promises related to a material fact;
  3. The accused acted willfully with an intent to defraud; and
  4. The accused used the United States Postal Service by mailing or by causing to be mailed or the accused used a private or commercial interstate carrier by depositing or causing to be deposited with such carrier some matter or thing for the purpose of executing the scheme to defraud.

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