How honest mistakes can lead to mail fraud charges

On Behalf of The Law Office of Jessica Koester, LLC

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Mar 14, 2025

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White-Collar Crime

Think about all the mail your business sends out—ads, customer letters, product information and more. Sometimes, small mistakes in these mailings can get you in big trouble with the law.

The government watches closely for mail fraud, and even if you didn’t mean to trick anyone, there’s a chance you might face criminal charges.

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Why the mail makes fraud more serious

When you use the U.S. Postal Service to send anything dishonest, it becomes a federal crime. You don’t need to plan a huge scam to break the law. Even small mistakes that happen often in your business mail can make the government suspicious.

What makes something mail fraud

Mail fraud requires two key elements:

• A scheme to defraud
• Use of postal services to execute that scheme

More importantly, the government must prove you intended to deceive others for financial gain. However, the line between error and fraud often blurs, especially when money changes hands because of the mistake. This leads to prosecutors sometimes interpreting honest business mistakes as deliberate deception.

Simple mistakes that can get you in trouble

Watch out for these basic errors that could lead to legal problems:

• Sending out old or wrong prices in your ads
• Mailing due payments with calculation mistakes
• Not telling customers about important limits on your products
• Using fake customer reviews in your mailings

These might seem like inconsequential or minor issues, but the government can and will take them seriously.

What you meant to do matters

To prove mail fraud, the government needs to show that you purposefully and willfully tried to trick people. Generally, honest mistakes should not get you in trouble. However, if you make the same mistakes repeatedly, the government might believe you are doing it on purpose.

Taking action to protect your business and rights

Even honest errors can look bad if they happen too often—leading to serious mail fraud charges that can ruin your business and your life. If the government investigates you, seeking advice from a legal professional experienced in handling white-collar crime cases right away can help. Quick action protects your rights and gives you more time to build a strong defense.