Facing Federal Mail Fraud Conspiracy Charges?

Under federal law (18 U.S.C. § 1341), mail fraud occurs when someone:

1. Devises or intends to devise a scheme to defraud—usually by misleading others for money or property.
2. Uses—or attempts to use—the U.S. mail or interstate carriers (e.g., UPS, FedEx) in furtherance of that scheme.

Separate from the substantive crime, the federal government can charge conspiracy to commit mail fraud, under 18 U.S.C. § 371.

To prove this, prosecutors must show:

1. Agreement: Two or more people knowingly agree to commit mail fraud.
2. Intent: Participants understand and intend the unlawful plan.
3. Overt Act: At least one conspirator takes a step toward executing the scheme, even a minor one.

How We Fight Mail Fraud Conspiracy Charges

There are several ways to challenge a conspiracy charge:

• No real agreement: Mere discussion isn't enough—must be a meeting of the minds.
• Lack of criminal intent: You didn’t intend to break the law.
• Absence of overt act: No step was taken toward committing the scheme.
• Withdrawal: If one withdraws before any overt act and reports the crime, that may be a defense.

Indeed, each case is unique and may require different defense strategies.

Possible Sentencing & Penalties in New York

Federal mail fraud conspiracy charges in New York carry severe penalties that can result in decades of imprisonment.

• For substantive mail fraud under 18 U.S.C. § 1341, defendants face up to 20 years imprisonment for each offense.
• Under 18 U.S.C. § 1349, conspiracy to commit mail fraud carries the same penalties as the underlying offense.
• For conspiracy under 18 U.S.C. § 371, defendants face up to five years imprisonment when the underlying offense is a felony.

If the fraud affects a financial institution or involves presidentially declared disasters, maximum penalties increase to 30 years imprisonment and fines up to $1 million. Individual defendants face fines up to $250,000, while organizations face fines up to $500,000.

The actual sentence will depend heavily on the specific facts, loss amounts, number of victims, defendant's role, criminal history, and the judge's discretion in applying the advisory guidelines.

Examples and Related Cases

Our office has handled many mail fraud cases. Specifically, we recently represented an individual charged within a $50,000,000 mail fraud conspiracy. In this realm, our client was charged with a handful of other individuals despite never having met the others and despite having no involvement with the planning of the purported scheme. We were able to use the government’s own discovery to successfully point out this exonerating information as it related to our client, resulting in a favorable disposition.

Major Mail Fraud Conspiracy Cases

Several major mail fraud conspiracy cases dominate legal discourse and serve as essential reference points for practitioners.

The Bernie Madoff Ponzi scheme remains the most frequently cited mail fraud conspiracy case, with Frank DiPascali (partner) pleading guilty to 10 counts including conspiracy, securities fraud, investment advisor fraud, mail fraud, wire fraud, perjury, income tax evasion, international money laundering, falsifying books and records of a broker-dealer and investment advisor, representing a major case of stock and securities fraud discovered in late 2008. Madoff was the admitted mastermind of the largest known Ponzi scheme in history, scamming investors out of approximately $68 billion.

The recent Sam Bankman-Fried FTX case represents a modern paradigm, with Bankman-Fried found guilty on two counts of wire fraud, two counts of conspiracy to commit wire fraud, one count of conspiracy to commit securities fraud, one count of conspiracy to commit commodities fraud, and one count of conspiracy to commit money laundering, resulting in 25 years in prison and forfeiture of over $11 billion dollars. The trial and conviction of Bankman-Fried was one of the most notorious cases of white-collar crime in the United States and raised awareness within the business community over criminal activity in the cryptocurrency market.

The 2025 COVID-19 tax credit fraud scheme represents the largest known case of its type, with four defendants charged with conspiracy to commit mail fraud, mail fraud, and conspiracy to submit false claims, facing statutory maximum sentences of 20 years in federal prison on each mail fraud charge. The FBI and IRS-CI agents arrested multiple people for their roles in a $93 million COVID-19 tax credit fraud scheme, considered to be the largest ever identified (United States v. Turner, et al., Case No. 2:25-cr-00XXX). 

The indictment claimed that between June 2020 and December 2024, the defendants and co-conspirators submitted or caused the submission of fraudulent forms for at least 148 companies, which totaled $247,956,938 in tax refunds they were "not entitled to," with the IRS issuing approximately $93 million in Treasury checks as a result of the fraudulent forms and false statements.

Your Defense Begins Now

If you or a loved one is facing a conspiracy to commit mail fraud charges, contact us immediately. With experience on both sides of the aisle, we’ll be able to help you navigate the legal complexities of your case.

The sooner you act, the faster we’ll be able to scrutinize evidence, challenge charges, or explore other options. Contact The Law Offices of Jason Goldman today.