Mail fraud occurs when the U.S. Mail is used in furtherance of a criminal act. In order for a defendant to be convicted under 18 U.S.C. 1341 for committing mail fraud, the follow elements must be satisfied: (1) the defendant must have been engaged in a scheme to defraud; (2) the scheme must have involved material misstatements or omissions; (3) the scheme resulted, or would have resulted upon completion, in the loss of money, property, or honest services; (4) the defendant must have used of U.S. mail in furtherance of scheme to defraud; and (5) the defendant used or caused the use of U.S.mail.
See 18 U.S.C. 1341 - Mail Fraud