Did I commit Mail Fraud?

May 30, 2006 4:52 AM

Did I inadvertently commit mail fraud?

First off, I'm an idiot. That is not under dispute.

Whenever I move into a new apartment, I always get mail addressed to the previous tenants, sometimes many months after they have moved out. Usually, I just toss any letters not addressed to myself or my roommate in a drawer in case the tenant comes back to retrieve their mail (It's happened.) I've never thought twice about this behavior, and honestly thought I was doing the former tenants a favor.

At my current apartment, I receive between one and three pieces of mail a week addressed to three different names. This has been going on for the two years I've lived here. Over the past six-ish months, I've been receiving many more pieces of mail for one of the names than for the other two. I just thought the guy was an idiot and didn't properly forward his mail. Into the drawer they went.

Last night, I was informed that this name was my current upstairs neighbor.

I must have fifty pieces of mail spanning the months, from auto insurance junk mail to what look like bank statements. Do I deliver them upstairs with an effusive apology and hope I don't get sued? Do I return them to the post office? How liable am I for damages incurred due to unpaid bills, lost paperwork, etc?

For what it's worth, this guy is loaded. Two Porches parked in the driveway loaded. If there are any damages, I imagine a lot of zeros would be involved.

This is all just an innocently idiotic mistake. It's something I've done for years without even an inkling that I should be dealing with this mail in any other fashion.

So, Mefites, what do I do?

posted by anonymous to Law & Government (32 answers total)

you've never opened the mail, right? confess you made an innocent mistake, give the neighbor his old mail and offer your apologies. it's the right thing to do.
posted by matteo at 4:58 AM on May 30, 2006

First things first.

It's something I've done for years without even an inkling that I should be dealing with this mail in any other fashion.

This advices goes if you're renting: It's been the deal wherever I've rented anyway. Send the mail back to landlord - if it belongs to a previous tenant they will know what to do with it.

The other thing you could have done is simply write "Not known at this address" on the envelopes and put them back in the post. That way they would make it back to the sender who might realize they are addressing the envelopes wrong, or contact the person some other way to check the address.

I've always felt you've got no-one to blame but yourself if you don't redirect your mail when you move.

Now how to proceed. I have a couple of suggestions. Write "Not known at this address" on them all and put them back in the post. The other option would be to put them in a big manilla envelope and mail that to him (at the correct address) - no sender address. I'm assuming none of your other neighbours know what's been happening in making these suggestions.
posted by Jimbob at 5:03 AM on May 30, 2006

confess you made an innocent mistake, give the neighbor his old mail and offer your apologies

To be frank this is the best advice - I'm just getting concerned by your belief that Mr. Two Porches will sue your pants off rather than accept an apology. If you believe your neighbour to be in any way reasonable, go with matteo's method.
posted by Jimbob at 5:04 AM on May 30, 2006

Don't hand it back to the neighbor. Write "not at this address" and drop it in the mail, as Jimbob suggested. Although it's unlikely it would end up being a real problem for you, I think you're asking for trouble to give it to the neighbor directly.

You don't owe anyone an apology, and you're being too hard on yourself.
posted by jayder at 5:10 AM on May 30, 2006

I'd lose them.

"You never received any letters addressed to [Mr. Fancy Two Porsches]?"

"No, officer... I'll call you if I do receive any though."

[/scene]
posted by i_am_a_Jedi at 5:21 AM on May 30, 2006

I like the idea of putting them all in a manila envelope and mailing them to him. But the problem with that is he might (rightfully) complain to the post office, which might start an investigation, which might lead to you if the mailman says he's been putting them in your box by mistake.
posted by CunningLinguist at 5:37 AM on May 30, 2006

What would you want your neighbor to do if he was getting your mail? Would you be more comfortable living next to to a guy who admitted his mistake, or someone who went the "not at this address" route?

Besides, the address the mail tried to go to is plainly on the envelopes. What happens if the postal carrier simply puts the dots together and gives the mail to the right guy after you tried the "not at this address" routine? I'd think it would make you look foolish for not just handing it directly to him.
posted by JigSawMan at 5:52 AM on May 30, 2006

Just write "sorry" on one of them, and then dump them all into his mailbox. No personal contact, no problem.
posted by apathy0o0 at 5:59 AM on May 30, 2006

Write "not at this address on it and stick it back in the mail as Jimbob, jayder and the USPS say. From the link: "Willfully destroying mail is an act that may be punishable by the Federal Government."

Fowarded mail expires, postal carriers and sorters make mistakes. That person may want/need that mail, put it back in the system and give them the chance to maybe receive it.

I get mail for people that used to live in my old house a few times a week and I do this.

However I also still get old personal mail from a relative of the person I bought my house from. The previous owner's parents still live on the block. I'm on friendly terms with the parents and the previous owner so I usually just walk it down the block.

If you don't feel comfortable with your neighbor simply put it back in the system with "not at this address" on the envelope.
posted by dog food sugar at 6:04 AM on May 30, 2006

Did you commit mail fraud? No. Mail fraud is using the mail to try to defraud somebody. You've done nothing wrong. You have received misdelivered mail. You have only just now found out where it should have been delivered. That's not a crime, not a tort, not a wrong, not even a mistake. I'm with CunningLinguist: I'd follow the golden rule on this one.
posted by pasici at 6:07 AM on May 30, 2006

I would think that someone who was "two Porsches" loaded is keeping up with his finances and other business very well. If you are continuously getting his bank statement, he is continuously getting them online or has an accountant or something. Any normal person would have noticed that they'd gone missing and would have complained to his or her bank.

Assuming the guy is a decent person, if I were you, I would take the guy his stuff (in a manila envelope, no less) and explain to him exactly what you've explained to us -- that you've done this before with positive outcome and that you simply expected it to stop eventually and didn't realize that he lived in the next apartment. Apologize. As long as the mail is totally unopened it shouldn't be too bad.
posted by Medieval Maven at 6:08 AM on May 30, 2006

I've always felt you've got no-one to blame but yourself if you don't redirect your mail when you move.

That might be true if redirection always worked as intended. It doesn't. We received bank statements for a previous owner of a house we bought, seven years after they'd sold it (to the people we bought it from). Their bank somehow screwed up their mailing address and started sending it to the old place (us). I was able to find them in a neighboring town, and they were grateful to be able to come get the mail (and they were pissed at the bank.) Same thing happened again six months later. It wasn't their fault, so yes, there was someone else to blame.
posted by Kirth Gerson at 7:02 AM on May 30, 2006

I would take the guy his stuff (in a manila envelope, no less) and explain to him exactly what you've explained to us

I would do that too, except for the fact you've held on to the mail for months. That could make him very pissed (what if a bill was unpaid?) Best thing to do is mail it to him anonymously. He gets his mail, end of story.
posted by rolypolyman at 7:09 AM on May 30, 2006

Yes, you should return the mail to your neighor. Period. Your reasoning is perfectly sound.

What you should do to relieve your guilt is deflect the blame to where it belongs- the post office. Go file a complaint that your carrier has been mis-delivering mail. When you return the mail to your neighbor, say that you did that and suggest that he do the same so that it doesn't continue. You come off looking helpful instead of shady that way.
posted by mkultra at 7:17 AM on May 30, 2006

Renters can drop off mail for previous tenants at our (property management) office. I'll call the ex-tenant and ask them to pick up the mail. Several times, if need be. If they don't bother, we don't have a forwarding address (rare, unless they're a skip) or they're out of the country, or if I can't forward it, I pop it in with our outgoing mail with the notation that the person is no longer at the address. I am hoping it goes back to the sender who then can take on the task of trying to find the person.

Mail for previous occupants at our home, I just write "no longer resident at this address" and pop back in the mail.

Except for the mail from the TV preacher that came for the little old lady who lived here before we did. I recycled that.
posted by Savannah at 7:21 AM on May 30, 2006

just remail all of the stuff in some mailbox. no need for a manilla envelope and all that. dump 'em all in as is. the post office deals with it all the time.
posted by lester at 7:44 AM on May 30, 2006

You should also tell your letter carrier that he's giving you the wrong mail. It's understandable that a mistake will happen once in a while, but you shouldn't get mail addressed to someone else several times a week.
posted by alms at 7:45 AM on May 30, 2006

Putting them in a heaping envelope anonymously wouldn't exactly be anonymous, your address would still be on the front of all of them. Just write him a note that you been getting "a few items" addressed to him but with your address listed, noting that "it was lucky someone mentioned that it might be a nearby tenant, so I decided to check it out."

Keep about the last 2 or 3 weeks' worth in case he asks for it. Then, write "rejected -- not at this address" and incrementally put them in a big public mailbox some each day instead of dumping the whole lot at once. Or spread it out over many mailboxes, perhaps.
posted by vanoakenfold at 7:50 AM on May 30, 2006

Write "not at this address" on the envelopes and drop them in the mail (no stamp required -- don't put them in another envelope). If you give them to the neighbour directly, you're encouraging him to not file a change of address. I would only give them to him directly if the mistake stems from the letter carrier putting them in the wrong box.

The letter carrier does have to deliver mail that is addressed to someone else IF the address is on the mail and there is no change of address. They can't just send it wherever they want. Otherwise, all the disgruntled roommates, exes and landlords would tell the carrier to deliver the mail elsewhere.

You can recycle anything that says bulk mail or ad mail. They often have a special pre-printed stamp on the envelope for this kind of mail. It's not illegal to destroy it.
posted by acoutu at 7:56 AM on May 30, 2006

I'd probably just do the honest route as well. If he is a two Porsche Yuppie scum then he either knows his finances very well and banks on-line.

If he wants to sue you he will likely not prevail in court, especialy since you rectified the error once you knew. It wasn't like you were willfully holding on to his mail. I think trying to sue you for damages (and what kind would those be, late fees?) because you didn't return mail that was addressed incorrectly to the Post office would be an uphill battle that he'd likely not pursue.

If he's nice then he'll accept your apologies, if he isn't then you may have an enemy in the apartment, don't play loud music, but frankly, I would guess that that's it.

I've always felt you've got no-one to blame but yourself if you don't redirect your mail when you move.

Depends on how you do it. Telling friends, the bank, credit card companies, etc. is smart, but you should never file a change of address form at the post office unless you are begging for all sorts of junk mail. At least in the US the Postal Service makes a nice living selling that to direct marketers.
posted by xetere at 8:03 AM on May 30, 2006

You would have to be totally insane to sue someone for accidentally holding on to your mail when they didn't know it was you. Just give it back and tell him that you didn't know it was him before.
posted by louigi at 8:12 AM on May 30, 2006

Those who are suggesting an "anonymous" solution (like putting them in a manilla envelope and mailing that) are forgetting that they do, in fact, have an address on them -- yours. It's not like he won't be able to figure out who mailed them. I think it would be perfectly reasonable to give them to him personally and explain the mistake, but if you don't want to do that, your only shot at anonymity is to write "not at this address" on the envelopes and send them back. Even that probably won't be anonymous, because when the senders contact him to update his address they'll be happy to tell him where his mail has been going for the past two years.
posted by Acetylene at 8:40 AM on May 30, 2006

I would just stick them all in a manila envelope, write "Sorry, thought these were for a previous tenant", add your name and apartment number and stick them through his door. No need to go through an embarrassing conversation.
posted by teleskiving at 9:10 AM on May 30, 2006

At least in the US the Postal Service makes a nice living selling that to direct marketers.

More on this; from the article: "He suggests telling the post office its a temporary change of address -- even if it's permanent -- as a hack to avoid the government's leaky system. Indicate that your return date is 364 days later -- the USPS only forwards mail for a year anyway -- so you'll get all the benefits of having your mail forwarded without potentially compromising the privacy or your address."
posted by joannemerriam at 9:21 AM on May 30, 2006

Under privacy laws, you might be able to opt out of having your change of address disclosed. I always check/uncheck the box about that. Depends what country you're in, I guess.
posted by acoutu at 9:35 AM on May 30, 2006

The best, least risky and most 'official' way to do this is obviously the "not at this address" route. Write it on the lot, and drop them in a post box. Everything'll get sorted out, you will have done the right thing, and there's no chance at all that it might come back to bite you. Going and giving them to the guy would be daft, in my opinion.
posted by reklaw at 10:00 AM on May 30, 2006

What is this, nursery school? Mature adults are able to play out the following scenario:

'Hi. These have been coming to me. I thought they were for a previous tenant and only just realized that they are actually yours. Here you go.'

(addressee graciously accepts packet)

At your discretion and his, the scene might also include a couple words about forwarding requests. But there is no reason not to assume your neighbor is a decent guy. And even if he isn't—

Judge: Let me get this straight. You took your neighbor to Small Claims for returning your misdelivered mail to you?

Plaintiff: No, I [can't explain the reason clearly because there's nothing to explain, the actual motive being merely that] I'm upset!

Judge: So it appears this is either the post office's fault or your own. Can you show me anything in law that obligates Defendant to chase down addressees of misdirected mail?

Plaintiff: Probably [not, but I haven't done the research ... because I'm too busy being] very upset!

Judge: So the heart of your claim is that you lack the cojones to face being inconvenienced without immediately blaming the first person at hand? I don't respect that much. (Issues summary judgement for Defendant.)

Plaintiff: @^%#&$! You make me so #&$%ing upset!

posted by eritain at 11:06 AM on May 30, 2006

what lester said.
posted by theora55 at 12:02 PM on May 30, 2006

No, what eritain said.
posted by funambulist at 12:31 PM on May 30, 2006

What reklaw said.
posted by reklaw at 3:08 PM on May 30, 2006

I suggest you toss the mail you already have and start the "not at this address" schtick with all misdelivered mail starting today. If anybody asks you just got sick of getting other peoples junk mail and having to throw it away.
posted by Megafly at 3:25 PM on May 30, 2006

"not at this address" and put back in the post box.

Not to avoid confrontation, but because that way, any bills etc cannot be deemed 'delivered' so the companies sending them can't send debt collectors round to his place because he's 'ignored' them.

If you give them to him, months late, he's then got to call all these people and explain why he only just got them. And chances are, they won't believe him and it might affect his credit rating. 'Return to sender' means that they'll at least send them again.
posted by bella.bellona at 3:39 PM on May 30, 2006