18 U.S. Code § 1342 - Fictitious Name or Address
It's a federal offense to use the United States mail system or a private commercial carrier for a fraudulent scheme defined under Title 18 U.S.C. 1341, known as "mail fraud."
A closely related law, 18 U.S.C. 1342, also makes it a federal offense to use a fictitious name or address to carry out such a scheme. Simply put, this statute makes it a federal crime to use a false name to carry out a fraud scheme or for other unlawful business, such as money laundering or drug trafficking.
18 U.S. Code 1341, frauds and swindles law, imposes harsh penalties for devising or attempting to devise a scheme or engaging in fraud to obtain money or property using false or fraudulent pretenses or representations.
The statute broadly includes using a fictitious name or address through the post office in any type of fraud scheme and using common carriers.
18 U.S.C. 1342 says, "Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device mentioned in section 1341 of this title or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his proper name, shall be fined under this title or imprisoned not more than five years, or both."
What Does the Law Say?
This federal law prohibits using a fictitious name or address in any matter related to the United States Postal Service (USPS) or private carriers. This includes sending, delivering, or receiving mail, packages, or other communications.
This statute's primary purpose is to prevent fraud, identity theft, and other malicious activities involving mail carriers.
The law prohibits the use of fictitious information, aiming to protect the integrity of the mailing system and maintain trust between the public and these services.
Also, 18 U.S.C. 1342 gives prosecutors more resources to expose and prosecute fraud cases that are otherwise difficult to prove.
For instance, suppose a federal prosecutor is unable to gather sufficient evidence to expose a fraudulent scheme defined under 18 U.S.C. 1341 (mail fraud), a crime that carries up to 20 years in federal prison.
In that case, the prosecutor might be able to file federal charges against the defendant with the lesser offense of 18 U.S.C. 1341 using a fake name and address, which Is punishable by up to five years.
Specifically, section 1342 makes it a federal offense to do any of the following acts to carry out a fraudulent scheme or other unlawful business:
- Using or assuming any fictitious, false, or assumed title, name, or address in conjunction with sending or receiving mail.
- Receiving or collecting any mail or packages sent to a false name or address through the USPS or other depositories.
What Must Be Proven to Convict?
To convict you of this federal crime, a federal prosecutor must prove all the elements of the crime beyond a reasonable doubt, including the following:
- You knowingly and willfully used a fictitious name, address, or title.
- Your actions were related to mail communications.
- You acted with the purpose of carrying out a fraudulent scheme or other unlawful business.
If convicted of 18 U.S.C. 1342, you could face a significant penalty of up to five years in federal prison, a fine of up to $250,000, or both. This underscores the seriousness of the offense and the importance of understanding and adhering to the law.
Consider a scenario where you devise a scheme to defraud elderly seniors by convincing them to invest money in a fake business venture.
You set the fake business name and P.O. Box to collect the checks. In addition to other crimes, you could be charged with violating 18 U.S.C. 1342 for using a fake name through the mail system. This could have a significant impact on your life, making it crucial to understand the law and its implications.
What Are Related Federal Statutes?
18 U.S. Code Chapter 63 mail fraud and other fraud offenses have several related federal laws, including the following:
- 18 U.S.C. 1341 - Frauds and swindles.
- 18 U.S.C. 1342 - Fictitious name or address.
- 18 U.S.C. 1343 - Fraud by wire, radio, or television.
- 18 U.S.C. 1344 - Bank fraud.
- 18 U.S.C. 1345 - Injunctions against fraud.
- 18 U.S.C. 1346 - Definition of "scheme or artifice to defraud"
- 18 U.S.C. 1347 - Health care fraud.
- 18 U.S.C. 1348 - Securities and commodities fraud.
- 18 U.S.C. 1349 - Attempt and conspiracy.
- 18 U.S.C. 1350 - Failure of officers to certify financial reports.
- 18 U.S.C. 1351 - Fraud in foreign labor contracting.
What Are the Common Defenses?
If you are accused of using a fictitious name or address for fraudulent purposes, a federal criminal defense attorney can use several potential defenses to challenge the allegations. This should provide some reassurance about your legal rights and the avenues available to defend yourself.
We might be able to argue that there was no intent to defraud or engage in unlawful business because using a fake name or address is not a crime in itself.
18 U.S.C. 1342 prohibits the use of fictitious names or addresses with the intent of committing fraud or other criminal actions explicitly. Thus, If we can demonstrate that you did not have any fraudulent intentions, the charges might be dismissed.
Perhaps we can argue that there was a mistake of fact. Maybe we can claim that you made an honest mistake in providing a false name or address and that there was no intent to deceive or defraud.
This type of defense could apply if you accidentally provided incorrect information through a clerical error or were unaware that the information they provided was false.
Perhaps we can argue that the accusations are false. This defense could involve presenting evidence that proves that you did not engage in the prohibited activities or demonstrating that the accuser has the motive to implicate you falsely.
If you were charged with a federal crime, contact our law firm for a free case review. Cron, Israels & Stark is based in Los Angeles, California.
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