Mail fraud is a federal crime that is often charged against defendants. 18 U.S.C. § 1341.
To obtain a conviction, the government need prove only three elements:
- (1) a scheme to defraud
- (2) which involves a use of the mails
- (3) for the purpose of executing the scheme."
The test to determine whether a defendant caused the mails to be used is whether the use was reasonably foreseeable; the defendant need not intend to cause the mails to be used.
- United States v. Ingles, 445 F.3d 830, 835 (5th Cir. 2006).