Mail fraud is a federal crime and is committed when the United States Mail, the United States Postal Service, or a private or commercial interstate carrier is used to commit a fraud. 18 U.S. C. §1341. Mail fraud has two elements: (1) the defendant devised or intended to devise a scheme to defraud, or to perform fraudulent acts; and (2) the defendant used the mail for the purpose of executing, or attempting to execute the scheme or fraudulent acts.

It is not necessary that the mail be an essential part of the fraudulent scheme. For example, a person who makes a fraudulent application for admission to a college or university and mails the application may be charged with mail fraud.

Mail fraud is a felony offense with potential punishments of decades-long prison sentences, financial penalties, restitution obligations, and probation terms.

In South Carolina, as in all states, mail fraud is governed by federal law under 18 U.S.C. § 1341. This statute makes it a crime to use the United States Mail, the United States Postal Service, or any private or commercial interstate carrier to commit acts of fraud. The law requires two elements to be established for a conviction: (1) the existence of a scheme to defraud or the intention to perform fraudulent acts, and (2) the use of mail services to execute or attempt to execute this scheme. Importantly, the use of mail does not need to be a central component of the fraud; incidental use can still result in mail fraud charges. Penalties for mail fraud are severe and can include lengthy prison sentences, substantial fines, orders for restitution to victims, and probation. As a federal crime, mail fraud cases are prosecuted by federal attorneys and are adjudicated in federal courts, regardless of the state in which the offense occurred.