Mail fraud is a federal charge that gives federal prosecutors in South Carolina a basis to bring a case that might otherwise stay in state court. Federal jurisdiction can attach when the mail is used to carry out a fraud scheme, which places the matter within federal authority even when the underlying conduct would otherwise be handled at the state level. The Greg McCollum Complete Legal Defense Team represents clients facing mail fraud charges in federal court in South Carolina.
Why Fraud Cases Have Traditionally Stayed in State Court
Fraud, theft, and embezzlement allegations have historically been handled in state courts. When someone is accused of defrauding another person or taking property through deception, that conduct is, in many cases, addressed under state criminal law rather than federal law.
This is because fraud and theft offenses were not historically an area the federal government was involved in. State courts were the venue where these cases were resolved, and the underlying conduct did not, on its own, create a reason for federal courts to step in.
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How the Use of the Mail Can Create Federal Jurisdiction
Federal courts can become involved when a fraud scheme uses the U.S. mail to carry out any part of the scheme. This is often the case when a scheme is set up to defraud people across multiple states, since mailings in that kind of scheme frequently cross state lines. In that situation, federal courts may be allowed to step in and prosecute the case.
This concept is similar in spirit to how kidnapping can become a federal matter once someone crosses state lines with a victim. In each case, a connection to something beyond a single state’s reach, whether that is mail moving across state lines or a person being taken across them, is what can open the door to federal jurisdiction.
Mail Fraud Is Still a Fraud Case at Its Core
Mail fraud functions largely as a legal vehicle that allows the federal government to prosecute what is, at its core, a fraud or theft case. The federal mail fraud statute does not necessarily describe a different type of conduct than what a state fraud or theft charge would already cover.
Instead, the federal government has used this concept to establish jurisdiction over cases that, in many cases, would not otherwise fall within federal authority. This is part of why a mail fraud charge can carry federal consequences even though the underlying allegations may resemble a state-level fraud or theft case.
Frequently Asked Questions
Is mail fraud a state charge or a federal charge? Mail fraud is generally prosecuted as a federal charge. The federal statute can give federal courts jurisdiction over conduct that might otherwise be handled at the state level.
Why would the federal government get involved in what looks like a state fraud case? In many cases, federal involvement can arise when the U.S. mail is used to carry out a fraud scheme, which can place the matter within federal authority even when the underlying conduct resembles a state-level case.
How is mail fraud different from a state fraud or theft charge? Mail fraud can serve as the legal mechanism that gives federal courts jurisdiction, while the underlying conduct may still resemble a fraud or theft case that would otherwise be handled at the state level.
Does a mail fraud case always involve multiple states? Not necessarily. What can bring a case into federal court is the use of the mail to further the scheme. Schemes that reach across multiple states often involve mailings that cross state lines as well, but the mailing itself, not the number of states involved, is what can support federal jurisdiction.
What should someone in South Carolina do if they learn they are under investigation for mail fraud? Anyone who believes they may be under investigation for mail fraud in South Carolina can benefit from speaking with a defense attorney before answering questions from federal investigators.
Facing a federal mail fraud charge in South Carolina can be daunting given the resources that federal prosecutors bring to these cases. The Greg McCollum Complete Legal Defense Team brings close to 30 years of legal experience, including time spent as a former prosecutor, to the defense of clients facing federal charges throughout South Carolina.
If you have questions about mail fraud, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.
