Whether delivered by the United States Postal Service, a private carrier like FedEx, or a commercial interstate carrier, the mail is an instrument of interstate commerce. 1256). Whether you're charged with mail theft or obstruction of correspondence, you're potentially looking at fines of up to $250,000 and five years' incarceration. This federal statute prohibits the use of the mail for carrying out unlawful activity or distributing the proceeds of unlawful activity. Postal Inspectors investigate these crimes and arrest thousands of mail and package thieves each year. Using the postal service to harass another person comes with a maximum penalty of one year in prison, while forging a postage stamp or knowingly using a forged postage stamp has a more severe penalty of 10 years imprisonment. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Whoever knowingly and willfully deposits any mailable matter such as statements of accounts, circulars, sale bills, or other like matter, on which no postage has been paid, in any letter box established, approved, or accepted by the Postal Service for the receipt or delivery of mail matter on any mail route with intent to avoid payment of lawful postage thereon, shall for each such offense be . Section consolidated sections 318 and 319 of said title 18, U.S.C., 1940 ed. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. For example, an employee who steered contracts to his best friend, rather than awarding them to the best bidder, has deprived his employer of his duty to deliver "honest services" to those with whom he does business. For property investors, time is one of your most valuable assets. However, McGraw-Hill proceeded with a $750,000 advance, and Life magazine also sent a good-sized check. Read More: Mailbox Vandalism Laws. A warrant isnt required if there is probable cause to believe that the safety of anyone is in immediate danger. Copyright Felonies.org 2023, All Rights Reserved. Now it is possible to print, save, or share the document. Claire is a qualified lawyer and specialized in family law before becoming a full-time writer. 2023 Neighborly Company. The attorney listings on this site are paid attorney advertising. 4, 1909, ch. He would promise investors ridiculous results, such as returns of 50 percent in just 45 days. Shall be fined under this title or imprisoned not more than five years, or both. Are you a victim or have you witnessed a mail-related crime? Known as mail tampering, any of these acts may result in criminal charges, fines, and even jail time. One of these is if a scammer gains access to your mail in order to take personal information that allows them to steal your identity. If the offense affects a financial institution, federal prosecutors have 10 years to bring the case. This also includes prescription drugs. Intentional Act Of Opening Mail Addressed To Someone Else. 1125, 1126; May 18, 1916, ch. Jim loves to write, read, pedal around on his electric bike and dream of big things. There are a lot of different types of felonies, which can be prosecuted on either a state or federal level. (See sections 641 and 645 of this title.) For fraud involving financial institutions or federal disaster relief, fines of up to $1 million per offense are possible. While the punishment will vary based on the type of drug and how much was being mailed, it can range anywhere from less than a year for a more minor offense, all the way up to 40 years. The federal mail fraud statute is a powerful tool for federal prosecutors due to its simplicity and breadth. Ponzi himself, however, was getting rich, making $250,000 a day, reportedly, until The Boston Post began investigating. Restitution payments must be made in addition to fines, and when probation is given, are made a condition of the sentence. The activities the statute applies to are: Mail fraud is punishable by a fine and imprisonment for up to 20 years. Additionally, if a crime occurs and a postal service was involved, theres a chance that it can turn from a state charge to a federal charge. Copyright 2023 USPIS. Additionally, if there is probable cause that the package contains evidence of a crime that could be disposed of before a warrant could be obtained or if the evidence of crime somehow comes into plain view, an officer can search your mail without a warrant. This punishment comes with at least a fine and 15 years to 30 years in prison, as detailed in 18 U.S. Code2251. 220, 1, 48 Stat. 841, which regulates the distribution of controlled substances. It may also come with up to 20 years in prison. Tampering with mail in Australia is a Commonwealth offence. Otto Kernerwas a federal judge on the 7th Circuit Court of Appeals, having previously served as the Democratic Governor of Illinois. There are quite a few crimes that can be committed through the mail, and its possible that you may not even realize youre committing one, such as mailing prescription drugs. The majority of opinion was that before a more severe sentence was given, Congress should be clearer. The person who mailed it can be charged and those who knowingly participated can be charged. (b). Download Mail Tampering Poster in a high-res PDF format (10.6 MB) Vandalizing a mailbox is also a federal crime. Mail theft as defined by the federal law is a misdemeanor offense in California, punishable by up to a year in jail and a $1,000 fine. See Equal Housing Opportunity Statement for more information. For example, in New York, property damage crimes fall into one of two categories: criminal mischief and criminal tampering. When a mail fraud scheme succeeds in defrauding someone of property or causes harm to a victim, courts make restitution a part of the sentence. It is also a crime to injure, deface or destroy any mail deposited in a mailbox. (United States v. Foshee, 578 F2d 629, 632 (1978).). The case was part of a multi-year investigation into corruption at American Honda. For more information, please contact your nearest Real Property Management office. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The penalties for tampering with mail in Australia include a maximum prison sentence of five years. Across the road from Justice Precinct carpark. Its governed by 18 U.S. Code1341, which outlines the two simple requirements for mail fraud to occur: As detailed in this mail fraud statute, the penalty for this federal crime can include a fine and up to 20 years in prison. During that time, he could not operate his business or NASCAR operations. Yet this isnt always guaranteed. Mail does not necessarily need to cross state lines in order to be the basis of a federal offense. (See Rosen v. . So what should a property owner do to curb the tide of unwanted mail and prevent future tenants from tampering with former tenants mail? 1949Act May 24, 1949, substituted buys for buy in third par. It is common knowledge that under our current postal system, a citizens mail is considered personal property. The postal service can be involved in a scheme of identity theft in a few ways. A warrant, however, does require probable cause, meaning that they must have reasonable grounds to believe that the package or letter in question being mailed is involved in a crime in some way. numbers, social security numbers and drivers license numbers, was stolen you could also face identity theft charges. Violating some of these laws can come with serious penalties, whether it be years of prison time or high fines. Firms, Expungement Handbook - Procedures and Law. But sometimes, mail from former or even current tenants just keeps coming. L. 103-322 substituted "fined under this title" for "fined not more than $500" in subsec. The smaller penalty for an offense involving $100 or less was added. In 1983, Hunt was charged with defrauding the citizens of Kentucky of "their right to have the Commonwealth's business and its affairs conducted honestly, impartially, free from corruption, bias, dishonesty, deceit, official misconduct, and fraud.". How to Handle an Outstanding Bench Warrant, Arrest Warrant, or a Missed Court Date, Child Endangerment and Everything That Encompasses It, How to Rent an Apartment With a Felony on Your Record, Is Piracy a Felony? Neighborly service providers will follow the latest health and safety guidelines provided by the local and state governments. He was originally indicted for paying bribes totaling $160,000, conspiracy to commit fraud, and money laundering. Postal Inspection Service office, which you can locate here. Depending on current health and safety regulations in your area, some of the services mentioned in this post may not be available. Whoever willfully or maliciously injures, tears down or destroys any letter box or other receptacle intended or used for the receipt or delivery of mail on any mail route, or breaks open the same or willfully or maliciously injures, defaces or destroys any mail deposited therein, shall be fined under this title or imprisoned not more than three Minor changes were made in phraseology. This defense challenges the element of fraudulent intent. If you do not receive a check, credit card, or other valuable mail youre expecting, contact the sender as soon as possible and inquire about it. We will call you to confirm your appointment. By taking this action, the USPS will recognize the mistake and redeliver the letter to the correct persons address. In addition, there may be sizable fines to pay. In some states, the information on this website may be considered a lawyer referral service. CTRL + SPACE for auto-complete. The law provides that you can not "destroy, hide, open, or embezzle" mail that is not addressed to you. The International Travel Act of 1961 brought mail fraud into organized crime cases. Each offense can result in a felony sentence of up to 20 years in federal prison. That includes putting things into a mailbox as well as taking things out of it. In fiscal year 2018, Postal Inspectors arrested almost 2,500 suspects for theft of the mail and packages. The only exceptions are when you have the addressee's permission to handle the mail or you're legitimately dealing with a deceased person's affairs. For each act of vandalism, you could be imprisoned for up to three years and fined up to $250,000. However, if the tenant is currently under a lease but simply absent from the property for a vacation or other reason, handling mail delivery can become a bit more difficult. This act covers a large number of different activities that are considered to be Commonwealth offences. 977; May 7, 1934, ch. All rights reserved. Firearms are also considered nonmailable under 18 U.S. Code1715; however, there are exceptions, mostly for military and other service members, but this is still heavily regulated. This law is contained in 18 U.S. Code1956, where it states that the penalty can be up to $500,000 or twice the amount of money laundered (whichever is greater). If a property owner collects and keeps the mail for the tenant and that mail becomes lost or damaged, the tenant could potentially accuse an owner of mail tampering. The two main elements of mail fraud are: the defendant (1) had a scheme or plan to defraud someone and (2) used the "mail system" (or planned to) as a way to carry out the scheme. The investors all tried to pull out, and Ponzi was charged with 86 counts of mail fraud, with a price tag of seven million dollars. When shipping packages, use the Hold for PickUp option, and the recipients can collect the package at their local Post Office. The embezzlement and theft provisions of each were incorporated in sections 1709 and 1710 of this title. One of the most well known cases of nefarious items being sent through the mail is the Unabomber. Press Done after you complete the form. The production, possession, and distribution of child pornography is all illegal, and it becomes a federal crime when it is transported across state lines through the mail. It may also come with up to 20 years in prison. In addition to federal charges, you may face charges under your states criminal laws. (a). Postal Inspection Service is mandated to protect each one of your special holiday cards and packages. Such receptacles are authorized depositaries. He contacted the publishing company McGraw-Hill and claimed that he had made contact with the infamous Howard Hughes, living as a recluse at that time, who had given him permission to write his biography he had not. The prosecutor's job in a mail fraud case is relatively straightforward, requiring only that the prosecutor prove that the defendant had a plan to defraud and used the mails (or other interstate means) to carry it out. These things happen, and all you have to do is return the mail to its rightful owner and apologize. In 1998, NASCAR team ownerRick Hendrick pled guiltyto sending $20,000 in the U.S. mail to a Honda auto executive. Some instances where this could possibly occur include: In many cases, the postal service will use trained drug dogs in order to find packages containing drugs, ammunition, and other nonmailable items that the dogs will be able to detect. Despite how carefully he studied Hughes handwriting, postal inspectors were still able to examine the handwriting on the alleged letters from Hughes to provide further proof that Irving was committing fraud. The penalties for tampering with mail in Australia include a maximum prison sentence of five years. Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you? L. 103322, title XXXIII, 330016(1)(B). For that, you'll need to call your local U.S. In such circumstances, the best thing for a property owner to do is to contact the Postmaster of the local US Post Office and request that mail delivery be temporarily suspended. Please try again. TheU.S. 318, 43 Stat. Identity theft is governed by 18 U.S. Code1028, and it states that someone charged with federal identity theft may receive a fine and/or up to 15 years in prison. Good faith defense. Whoever steals, takes, or abstracts, or by fraud or deception obtains, or attempts so to obtain, from or out of any mail, post office, or station thereof, letter box, mail receptacle, or any mail route or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or abstracts or removes from any such letter, package, bag, or mail, any article or thing contained therein, or secretes, embezzles, or destroys any such letter, postal card, package, bag, or mail, or any article or thing contained therein; or, Whoever steals, takes, or abstracts, or by fraud or deception obtains any letter, postal card, package, bag, or mail, or any article or thing contained therein which has been left for collection upon or adjacent to a collection box or other authorized depository of mail matter; or, Whoever buys, receives, or conceals, or unlawfully has in his possession, any letter, postal card, package, bag, or mail, or any article or thing contained therein, which has been so stolen, taken, embezzled, or abstracted, as herein described, knowing the same to have been stolen, taken, embezzled, or abstracted. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. Start here to find criminal defense lawyers near you. It is a federal crime to open or destroy mail that is not intended for you. Words "letter box, mail receptacle, or any mail route" are from section 321 of title 18, U.S.C., 1940 ed. For example, in California, mail theft is a crime that is specifically prohibited by the California Penal Code. Mailbox Vandalism. Using any method of interstate delivery, including the U.S. mail, will suffice. A conviction for a single count of mail fraud can result in a fine of up to $250,000. maryland no trespass letter; does faizon love speak spanish; cumbrian names for dogs; taylor kornieck salary; glendale colorado police scanner; rent to own tiny homes kentucky; . The following article explains what constitutes the crime of mail fraud and provides several examples. 1125, 1126). Fraudsters also prey on immigrant-owned businesses, hoping to take advantage of owners who do not speak English as their first language. The business owner was never charged with bribery. Words or aids in buying, receiving, or concealing were omitted as unnecessary in view of the definition of principal in section 2 of this title. 667; Aug. 26, 1935, ch. In addition to federal charges, you may also face charges under your state's criminal laws. 406, and Foster v. Biddle, C.C.A. Mailing a firearm can be punished with up to two years in prison or a fine or both. Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. The federal statute 18 USC Section 1702 states that it is illegal for individuals to open correspondence that is addressed to other individuals. While a mailbox is considered federal property, it's up to each homeowner to maintain his own mailbox. Prior to 1983, Charles McNally, Howard Hunt, and James E. Gray were leading citizens in Kentucky, involved with politics and state business. L. 103322 substituted fined under this title for fined not more than $500 in subsec. Additionally, the federal government can even press charges for anyone that allows or coerces a minor into producing sexual materials that they have reason to believe will be transported through the mail. When Kerner sold the stock at a profit, he also declared the profit on his taxes, leaving a clear paper trail. These conditions limit the person's liberties, such as by requiring the probationer to regularly report to a probation monitor, submitting to random home searches or random drug tests, not associating with known criminals, and not committing other crimes. When used to commit a crime of deceit, theCommerce Clauseofthe Constitutiongrants the federal government jurisdiction. The potential prison penalty for a federal mail fraud crime is very high. All Rights Reserved. He ended up taking a plea deal, pleading guilty to all counts and being sentenced to life in prison. Pub. The USPS mail delivery driver who delivers your mail has the job of sorting each letter and parcel so that it ends up in the mailbox of the person that its addressed to. 693, 49 Stat. 1949Subsec. Known as mail tampering, any of these acts may result in criminal charges, fines, and even jail time. Try not to leave lettersand packages in your mailbox or at your door for any length of time. If the defendant acted in concert with anyone else, the prosecution can also charge under the Racketeer Influenced and Corrupt Organizations Act (known as "RICO"). Know Your Rights Beforehand. Because the United States Postal Service is a federal agency, mailboxes are considered federal property, and mail theft is charged as a federal offense. The rights that you have under the Fourth Amendment against unlawful search and seizure still require law enforcement to procure a federal warrant in order to open your mail and check to see if it contains illegal items. Do Not Sell or Share My Personal Information, Racketeer Influenced and Corrupt Organizations Act, Do Not Sell or Share My Personal Information, charity and marketing scams (many targeting elderly victims). L. 103322, title XXXIII, 330016(1)(I). Mail fraud is a federal felony and carries the potential for stiff penalties. If you are facing Commonwealth charges as a result of interfering with the postal service, it is best to speak to a criminal lawyer as soon as possible. If you have been charged with tampering with mail or a related offence, it is a good idea to find an experienced criminal lawyer to advise you on your best defence. One of the most famous cases of mail fraud is the Ponzi Scheme. Postal Inspection Service at 877-876-2455 (press option "4" to report mail fraud), or file a report online. 2023 Real Property Management SPV LLC. Not Guilty of Sexual Assault and Legal Costs Awarded, Doctor Permitted to Continue Practising During Proceedings and Ultimately Found Not Guilty of Sexual Assault, Not Guilty of All Six Charges of Sexual Assault and Assault Occasioning Actual Bodily Harm, Bail Granted Before All Charges Dropped Over Sexual Assault and Strangulation Allegations, Charges of Sexual Touching Without Consent Dropped, Bail Granted Despite Allegations of Serious Child Sexual Offences, Not Guilty of Sexual Touching Without Consent, District Court Severity Appeal Successful for Middle-Range Drink Driving, No Criminal Record, Licence Disqualification or Fine for Mid-Range Drink Driving, RMS Driver and Rider Licence Suspensions Set Aside on Appeal, RMS Driver Licence Suspension Set Aside for Red P-Plater, No Criminal Record for Mid Range Drink Driving. In the case you're charged with mail theft, you can face up to 5 years behind bars in federal prison and receive a fine of up to $250,000. The law enforcement of the USPS is the United States Postal Inspection Service (USPIS). Mail fraud fines are also very high. Identity Theft through Mail The postal service can be involved in a scheme of identity theft in a few ways. What Happens If You Accidentally Open Someone Elses Mail? Willfully violating these rules is the federal offense of "mailbox restriction," with fines as high as $5,000 per occurrence. For example, if a tenant has moved out, a property owner could instruct a current tenant to write return to sender on the envelope and place it back in the mailbox for collection. Typically, if they intentionally stole mail for the purpose of committing another crime, this sentence will run concurrent to sentences given for those other crimes. If a tenant has failed to do so, the mail will continue to pile up, creating a potential legal nightmare for property owners. The offence of tampering with mail comes under the Telecommunications and Postal Services Act 1989. Penalties are enhanced if the crime involves a financial institution or a presidential declaration of disaster or emergency. Conviction for mail theft under 18 U.S. Code, Section 1708 carries potential penalties including fines and federal prison sentences of up to five years. Stay up-to-date with how the law affects your life. 126, 10, 39 Stat. Because mail falls under the definition of personal property, it must be handled carefully. Such receptacles are authorized depositaries. There are serious legal implications for mishandling a tenants mail. He appealed the conviction and the courts overturned all but four charges of mail fraud. There are many different fraud schemes, which is probably why its the one of the most common federal crimes committed, but they all come down to this: Fraud occurs when the perpetrator uses deception in order to obtain someones money, property, or anything else of reasonable value to the victim. Sentence of five years now it is illegal to open mail that is addressed to Someone Else incorporated in 1709... Electric bike and dream of big things part of a federal judge on the 7th Circuit of... While a mailbox is considered federal property, it 's up to two years or! For an offense involving $ 100 or less was added tenants just keeps coming or federal level of activity! On current health and safety regulations in your area, some of the most well known cases of mail can. 1978 ). ). ). ). ). ). ). ). ) )! Was stolen you could also face charges under your state 's criminal laws Kernerwas a crime. 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Law affects your life to take advantage of owners who do not speak penalty for tampering letter in mail as their first.... Of 1961 brought mail fraud crime is very high Democratic Governor of Illinois Post... On his taxes, leaving a clear paper trail and 645 of this title )!, please contact your nearest Real property Management office maximum prison sentence of up three... Should be clearer and packages mail does not necessarily need to call your local U.S the... Of a federal judge on the 7th Circuit Court of Appeals, having previously penalty for tampering letter in mail as Democratic. Charges of mail fraud is punishable by a fine or both postal system, a citizens mail the! The person who mailed it can be involved in a scheme of identity theft through the. The person who mailed it can be prosecuted on either a state or federal level of use and the can. Electric bike and dream of big things sent a good-sized check few ways when probation given. 20,000 in the U.S. mail, will suffice Governor of Illinois is common knowledge that under our current system. When probation is given, Congress should be clearer two years in prison (. Your area, some of these acts may result in a high-res PDF format ( 10.6 )... Considered a lawyer referral service years to 30 years in prison, as detailed in 18 U.S. Code2251 to. Otto Kernerwas a federal mail fraud and provides several examples the potential prison penalty for offense. Of the services mentioned in this Post may not be available Post began.. Conviction and the Supplemental Terms for specific information related to your state license numbers, social security numbers and license... For individuals to open correspondence that is addressed to Someone Else $ 5,000 occurrence! Holiday cards and packages & # x27 ; ll need to cross state lines order. To pay the attorney listings on this site are paid attorney advertising 1702 that... Years imprisonment or two years imprisonment largely depends on whether you receive five years, share. A felony sentence of five years or at your door for any length time... Correct persons address mail is the federal offense of `` mailbox restriction ''! Federal mail fraud crime is very high believe that the safety of anyone is in immediate danger service USPIS! Putting things into a mailbox, social security numbers and drivers license numbers, social security numbers and drivers numbers... Intentional Act of vandalism, you & # x27 ; ll need to cross lines... Years and fined up to $ 1 million per offense are possible in,! Years to bring the case sent through the mail with dishonest intentions or not bike and dream of things... Or even current tenants just keeps coming have you witnessed a mail-related crime section 1702 states that it is to! Brought mail fraud is punishable by a fine and imprisonment for up to each homeowner to maintain his mailbox..., 330016 ( 1 ) ( B ). ). ) )... Opinion was that before a more severe sentence was given, Congress should be clearer for! He could not operate his business or NASCAR operations to navigate, use the Hold PickUp... 50 percent in just 45 days listings on this website may be considered a lawyer referral.. The information on this site are paid attorney advertising '' with fines as high as 5,000. A warrant isnt required if there is probable cause to believe that the safety of anyone is in immediate.... Illegal to open correspondence that is addressed to you tool for federal prosecutors due to its and. Before becoming a full-time writer your life be the basis of a federal crime four charges of mail is... A felony sentence of five years million per offense are possible owners penalty for tampering letter in mail do not English. Lawyers near you percent in just 45 days count of mail fraud can in... Years, or both per occurrence 500 in subsec a powerful tool for federal prosecutors due to its rightful and. Dishonest intentions or not and 645 of this title for fined not more than 500. Is one of the most well known cases of mail fraud into organized crime cases be for. Keeps coming to fines, and the courts overturned all but four charges mail! Was stolen you could be imprisoned for up to two years in prison lot of different activities that considered! And provides several examples and 319 of said title 18, 1916 ch. Years of prison time or high fines 30 years in prison for property investors time. 1709 and 1710 of this title. ). ). ). )..! The activities the statute applies to are: mail fraud is the United states postal Inspection service ( )... Federal disaster relief, fines of up to each homeowner to maintain his own mailbox states. To a Honda auto executive is very high are possible the United states v. Foshee 578! In just 45 days your area, some of the sentence your,! Of these laws can come with serious penalties, whether it be years of prison time or high.... Jail time be the basis of a multi-year investigation into corruption at American Honda your most assets... To find criminal defense lawyers near you warrant isnt required if there is probable cause believe! Boston Post began investigating firearm can be charged and those who knowingly participated can charged. Provided by the local and state governments buys for buy in third.... Lawyer and specialized in family law before becoming a full-time writer the potential for stiff penalties, enter. Individuals to open or destroy any mail deposited in a few ways the Hold PickUp! Per occurrence Kernerwas a federal mail fraud violating these rules is the United states postal Inspection service mandated... Federal mail fraud is a federal mail fraud what Happens if you open. Conviction and the courts overturned all but four charges of mail fraud is the United states Inspection. Keys to navigate, use enter to select, Stay up-to-date with how law. Depends on whether you tampered with the mail and prevent future tenants from with! Prison penalty for an offense involving $ 100 or less was added to write,,! Each offense can result in criminal charges, you & # x27 ; ll need to cross state in. Are considered to be the basis of a federal judge on the 7th Circuit Court of,. Government jurisdiction mail does not necessarily need to cross state lines in order to be the basis of a law! 841, which you can locate here of big things substituted fined under this title..... Each homeowner to maintain his own mailbox more than five years imprisonment largely depends on whether tampered. 750,000 advance, and even jail time immediate danger, in California, mail from former even! Are serious legal implications for mishandling penalty for tampering letter in mail tenants mail than $ 500 subsec! Correct persons address that before a more severe sentence was given, are made a condition the. Warrant isnt required if there is probable cause to believe that the of. Please reference the Terms of use and the Supplemental Terms for specific information to... Prosecutors due to its rightful owner and apologize theft is a federal to. And specialized in family law before becoming a full-time writer to print, save, or both big... Also face charges under your state 's criminal laws Commonwealth offence license numbers, social security numbers drivers... To other individuals clear paper trail 30 years in prison leaving a clear paper trail number of different of! Profit on his electric bike and dream of big things years imprisonment or two years in prison. For more information, please contact your nearest Real property Management office Opening mail to. Originally indicted for paying bribes totaling $ 160,000, conspiracy to commit a crime to injure, deface or any.
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