parent nodes: common law | Criminal Law | fraud
mail fraud
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises... for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to be sent or delivered by any private or commercial interstate carrier ... shall be fined under this title or imprisoned not more than 20 years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
18 USC 1341
Constitutionality
The mail fraud is historically linked to the offense of common law of theft by false token. However, Congress' power to enact the mail fraud statute stems from the Commerce Clause.
Note that 18 USC 1341 does not require any actual deprivation of property; the elements are (1) the intent to defraud and (2) the actus reus of mailing material for that purpose. However, the misrepresentation must "go to the basis of the bargain." [US v Regent Office Supply] (salesmen fraudulently told customers that they had been referred by friends, but honestly sold and delivered adequate goods once referred)
A scheme that does not intend any victim to part with property in reliance on the perpetrator's misrepresentation is not mail fraud. [US v Starr] (mail service charged customers honestly, then defrauded USPS in order to ship mail received at a cheaper rate).
Cases finding mail fraud
[Durland v US] (tontine
Cases finding no mail fraud