Using the United States Mail or a private or commercial carrier to commit a fraudulent scheme under Title 18 U.S.C. 1341 is a federal crime.

Federal law makes it a crime to use a fictitious, false, or assumed name or address for unlawful purposes.

Additionally, if you use a fictitious name or address to facilitate this scheme, you may face a separate federal charge under Title 18 U.S.C. 1342. In essence, this law criminalizes the use of a fake name to commit fraud or engage in other illegal activities.

The related statute, 18 U.S. Code 1341, mail fraud, carries significant penalties for creating or attempting to create a scheme, or for participating in fraud to acquire money or property through pretenses or representations.

The statute broadly describes unlawful fraud and swindles as involving the use of a fictitious name or address through the mail in any fraudulent scheme, as well as the use of common carriers.

A conviction could result in imprisonment of up to five years. Below, we'll examine this federal law in more detail.

What Does Section 1342 Contain?

Title 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 own proper name, shall be…."

In simple terms, Title 18 U.S. Code 1342 prohibits the use of false names or addresses in USPS or private carrier operations, such as sending, delivering, or receiving mail. The primary goal is to prevent fraud and identity theft.

The law bans the use of false information to protect the integrity of the mailing system and maintain public trust. 18 U.S.C. § 1342 provides prosecutors with additional tools to investigate and pursue fraud cases that might be challenging to prove otherwise.

For example, suppose prosecutors cannot gather enough evidence to prove a fraudulent scheme under 18 U.S.C. 1341, which carries a penalty of up to 20 years in prison.

In that case, they might still be able to charge the defendant with a lesser crime, such as using a fake name and address, which is punishable by up to 5 years.

What Is Prohibited by Section 1342?

Specifically, 18 U.S.C. 1342 criminalizes conducting any of the following actions to execute a fraudulent scheme or engage in other unlawful business, such as:

• Use or assume any "fictitious, false, or assumed title, name, or address" when sending or receiving mail; or
• Receive and collect any mail or packages sent to that false name or address through the USPS or other delivery services.

Federal prosecutors need to prove the following elements to convict you of this crime:

• You intentionally used a false name, address, or title;
• You did this in relation to email communication; and
• This was done with the intent to execute a fraudulent scheme or engage in other illegal activities.

Can You Provide Some Examples?

EXAMPLE 1: Roger has created a plan to defraud elderly individuals by convincing them to invest in a fictitious business. He establishes a bogus company name and P.O. Box to receive payments. Besides other illegal activities, Roger may face charges under 18 U.S.C. 1342 for employing a false name.

EXAMPLE 2: In Larry's case, attempting to claim government relief funds for which he isn't eligible creates a fake business entity and uses his cousin's home address as the business location. Besides other crimes, Larry can also be charged under 18 U.S.C. 1342.

Which Federal Laws Are Relevant?

Chapter 63 of 18 U.S. Code, which covers mail fraud and other types of fraud, includes several federal statutes related to 18 U.S.C. 1342 concerning fictitious names and addresses, among others.

• 18 U.S.C. 1341 - mail fraud;
• 18 U.S.C. 1343 - wire fraud;
• 18 U.S.C. 1344 - bank fraud;
• 18 U.S.C. 1345 - injunctions against fraud;
• 18 U.S.C. 1345 - honest services fraud;
• 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 Penalties Under 18 U.S.C. 1342?

Violating Title 18, U.S. Code, Section 1342 can result in serious criminal penalties. Convicted individuals may be sentenced to up to five years in federal prison, fined as much as $250,000, or both.

What are the Available Defenses?

If you're accused of using a fake name or address for fraudulent reasons, a federal criminal defense lawyer can consider various defenses to challenge the charges, as outlined below.

We could argue that there was no intent to defraud or commit illegal activities. Simply using a false name or address is not a crime by itself. 18 U.S.C. 1342 specifically criminalizes using fictitious names or addresses with the intent to commit fraud or other crimes. If you can prove there was no genuine fraudulent intent, the charges could be dismissed.

We might argue that there was a mistake of fact. Your lawyer could claim you genuinely made an honest mistake by giving a false name or address, meaning there was no intent to deceive or commit fraud. This defense applies if the defendant unintentionally provided incorrect information due to a clerical error or was unaware that the details they supplied were false.

We might argue that the allegations are unfounded. In certain situations, defendants may assert that they were wrongly accused of violating Title 18, U.S. Code, Section 1342. This defense might include presenting evidence that shows the defendant did not commit the illegal acts or proving that the accuser has a motive to implicate the defendant falsely.

If you've been charged with a federal crime, contact our law firm by phone or via the contact form for an initial case review. We provide legal representation for federal criminal cases nationwide. Eisner Gorin LLP is located in Los Angeles, CA.

Related Content:

• Title 18 U.S.C. 1342