Mail Fraud

Opening quote: "The Postal Inspection Service will bring a wealth of experience, expertise, and resources to our fight against corporate corruption." --Deputy Attorney General Larry Thompson, announcing the Attorney General's designation of the Chief Postal Inspector as a member of the Corporate Fraud Task Force

The Mail Fraud Statute is the oldest and most effective of the consumer protection laws, and the Postal Inspection Service is the federal law enforcement agency mandated by Congress to enforce it. To increase their efficiency in investigating suspected mail fraud, Postal Inspectors lead and participate in several joint law enforcement and consumer group initiatives aimed at safeguarding the public's confidence in the U.S. Mail. Educating the public on fraud schemes that involve the mail is an essential component to meeting this goal.

Postal Inspectors work cooperatively on joint task force investigations with other law enforcement agencies to take advantage of the expertise of each agency and to leverage resources. Of the approximately 1,900 Postal Inspectors across the nation, about 300 are assigned to mail fraud investigations. Inspectors investigated 3,355 fraud cases this past fiscal year, and Inspection Service analysts prepared more than 84,000 letters in response to mail fraud complaints. During FY 2002, Postal Inspectors arrested 1,634 mail fraud offenders, and 1,453 were convicted as a result of Inspection Service investigations conducted during this and prior fiscal years.

In a significant case in July 2002, Postal Inspectors arrested five people in a securities fraud investigation of the nation's sixth largest cable company, which provided service to 5 million subscribers across the country. Inspectors arrested the 77-year-old founder of the company and his two sons in New York. Until their resignations in May, the three men held positions as president and CEO, executive vice president and chief financial officer, and executive vice president, respectively. Inspectors also arrested the company's former vice president of finance in Coudersport, Pennsylvania, and the director of internal reporting at his residence in Port Allegheny in that state. The defendants were charged with securities fraud, wire fraud, and bank fraud for failing to disclose billions of dollars worth of debt for which the company was liable.

Directly following the July arrests, Deputy Attorney General Larry Thompson announced the Attorney General's designation of the Chief Postal Inspector as a member of the Corporate Fraud Task Force. Mr. Thompson stated, "The Postal Inspection Service will bring a wealth of experience, expertise, and resources to our fight against corporate corruption."

Mail Fraud Against Businesses

Postal Inspectors work diligently to protect the business community from being victimized by mail fraud. Examples of Postal Inspection Service case activity in FY 2002 follow.

Quote: John Rigas of cable television giant Adelphia Communications Corporation is led from New York's Main Post Office by a U.S. Postal Inspector on his way to federal court in July 2002. Rigas, his two sons, and two other Adelphia executives were charged with conspiracy, securities fraud, wire fraud, and bank fraud in connection with a scheme to defraud investors, creditors, and the public about the financial condition and operating performance of Adelphia. The scheme allegedly ran from 1999 through May 2002 and involved the failure of Rigas and others to disclose billions of dollars worth of debt for which Adelphia was liable.

Mail Fraud Against Consumers

The Postal Inspection Service emphasizes the importance of consumer awareness and prevention as the best protection for consumers, but many people still "take the bait." Examples of Postal Inspection Service case activity in FY 2002 follow.

Quote: Victims snookered, criminals caught, and the world is safer thanks to Postal Inspectors. Washington--Northeast Division Postal Inspectors were honored at the U.S. Attorney's Office, Law Enforcement Awards, for their roles in uncovering a $60 million fraud scheme involving American Inventors Corporation (AIC) and American Institute for Research and Development (AIRD). AIC and AIRD allegedly assisted inventors in acquiring patents and marketing their ideas. But between 1980 and 1995, the companies snookered over 34,000 victims with deceptive advertising, misleading sales pitches, and false success stories. The two Inspectors were key to the investigation, interviewing more than 100 victims, employees, and others and reviewing more than a million documents seized by federal agents. Due to efforts, 17 suspects pled guilty. --USPS Newslink, The News Source for Postal Employees, May 10, 2002

Mail Fraud Against State, Local, and Federal Governments

Government agencies and health care groups that fall prey to mail fraud scams are afforded the same protection under the Mail Fraud Statute as consumers and businesses. Examples of investigations in FY 2002 follow.

Deceptive Mail

The Postal Inspection Service created the Deceptive Mail Enforcement Team to identify violators of the Deceptive Mail Prevention and Enforcement Act and ensure swift, appropriate investigative attention in such cases. Team members examine questionable promotions and review consumer complaints for compliance with the act. During the past fiscal year, Postal Inspectors stopped 106 deceptive mailing operations, up 54 percent from last year.

Postal Inspectors have been encouraged by the finding that many promoters have modified their practices to comply with the law by providing notifications and clearer explanations for customers. Further, the U.S. Postal Service has noted a sharp decline in the number of sweepstakes mailings, as companies adopt new marketing strategies in response to the law. Following are examples of actions taken against promoters of deceptive mailings in FY 2002.

Fraud on the Internet

Cybercrime presents unique challenges to law enforcement groups. Traditional mail fraud schemes rebound with new success on the Internet, which expands the victim base and increases anonymity for the perpetrators. Postal Inspectors investigate Internet fraud when the U.S. Mail is used to further the scheme.

Graphic: Beware of Digital Thieves. Internet fraud schemes have cost consumers at least $4.3 million so far this year, up from $3.3 million in all of 2000, according to complaints received by the National Consumers League's fraud center. The true cost of these scams is probably much greater. Many victims do not report being ripped off. Average loss per Internet fraud victim was $427 for 2000 and $636 for 2002 according to the National Consumers League. The 2001 figure represents January through October statistics. The top Internet frauds for 2001 from the period January through October were online auctions - 63%, general merchandise sales - 11%, Nigerian money offers - 9%, Internet access service - 3%, and frauds on adult and game sites - 3%. The costliest scam: The average loss per victim of Nigerian money offers is $6,542. Victims of work-at-home schemes lost the least on average: $120 per person.

Mail Order Fraud

At the spring meeting of the Business Mailing Industry Task Force (BMITF) in Boston this past year, the Postal Inspection Service announced a new Web site to support communications between the business mailing industry and law enforcement groups dedicated to the prevention of mail order fraud. The Promotion Marketing Association will oversee Web site activities and work with the Inspection Service staff to implement regular updates. Password-protected links guide authorized users to information on mail fraud, prevention guidelines, and best industry practices, greatly facilitating communications between group members. Following are examples of mail order fraud investigated by Postal Inspectors during FY 2002.

Telemarketing Fraud

Americans receive thousands of unsolicited phone calls from telemarketers each year trying to sell a variety of products, with older citizens often the target. Many offers are legitimate, but unscrupulous telemarketers can be the smoothest of operators, successfully swindling people out of millions of dollars. Indeed, those on fixed incomes who fall prey to these schemes can lose their entire life savings. Telemarketing fraud robs Americans of billions of dollars annually. During FY 2002, Postal Inspectors shut down 40 illegal telemarketing operations, a 43 percent increase over the previous year. Examples of cases follow.

Administrative Actions Related to Mail Fraud

In addition to criminal prosecution, Postal Inspectors frequently rely on civil or administrative actions to deter mail fraud. Below is a list of actions taken this fiscal year to help stem losses from various fraud schemes.

Graph: FY 2002 Administrative Actions: 76 Complaints filed by the Law Department, 35 Consent Agreements signed, 35 Cease & Desist Orders issued, 46 False Representation Orders issued, 151 Withholding Mail Orders issued, 1 Temporary Restraining Orders issued, 321 Voluntary Discontinuances signed and 1 Civil Injunction.

Work-at-home scams target those who need money but are unable to work outside their residences. The scams usually promise big earnings and do not require prior job experience. Postal Inspectors take pride in putting the scammers out of business. The Postal Inspection Service conducted 60 such investigations during FY 2002 and reported 10 arrests, four Cease and Desist Orders, three Withholding Mail Orders, and 14 Voluntary Discontinuance Agreements.

A Withholding Mail Order (Title 39, USC 3003) enables the Postal Service to withhold an addressee's mail if they are using a false or assumed name, title or address to conduct or assist with activity that violates 18 USC 1302 (lottery), 1341 (mail fraud) or 1342 (use of a fictitious name or address), until proper identification is provided and the person's right to receive the mail is established. Under 39 USC 3004, the Postal Service may withhold mail if the address is not a person's residence or business address, allowing them to remain anonymous. Examples of Postal Inspection Service case activity related to administrative actions in FY 2002 follow.

Fraudulent Foreign Lottery Mail

To date, 39 False Representation Orders (FROs) have been issued against foreign lottery promoters. FROs enable Postal Inspectors to stop victims' mail (most of which contain checks) from leaving the United States and return mail to senders, thereby preventing losses.

To further combat illegal foreign lotteries, Postal Inspectors work with U.S. Customs Service officials to stop such offerings from entering the U.S. mailstream, and Customs agents contact Inspectors when they find such mail during border searches. Inspectors detain the mail and provide samples to the Postal Service's Law Department to determine if they meet mailing standards. If the pieces are considered nonmailable, the mailer is notified that the material is subject to destruction and may appeal the notice. If the mailer fails to appeal or loses the appeal, the detained mail is destroyed upon the issuance of a Destruction Order. During this reporting period, roughly 849,000 pieces of foreign lottery mail were destroyed prior to entering the mailstream. Since the initiative began in 1994, approximately 14.6 million pieces have been destroyed.

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