Minor changes were made in phraseology. What Is the Federal Law for Opening Mail Not Addressed to You? Only authorized USPS letter carriers may insert mail into a residential mailbox. Because mail falls under the definition of personal property, it must be handled carefully. It Was an Inside Job Handling other peoples' mail all day must create some temptations. 867; Aug. 7, 1939, ch. This may include the threat of violence for money, ransom or reward for a kidnapped person, or a threat to destroy property. Felonies.org does not provide legal advice and Provider is not a law firm. Mail fraud fines are also very high. The business owner allegedly offered the options in exchange for favorable treatment. Visit our attorney directory to find a lawyer near you who can help. In fact, you can be charged for taking that action. The fine can start at around a million dollars and reach 25 million dollars. In fiscal year 2018, Postal Inspectors arrested almost 2,500 suspects for theft of the mail and packages. The U.S. The courts have defined fraud as conduct that breaks a legal or moral duty to another person, causing damages. If personal identifying information, such as names, dates of birth, addresses, telephone numbers, tax I.D. Thank You for contacting Real Property Management. The conviction was upheld. Read More: Mail Box Tampering According to Federal Law. Save pages and articles youre most interested in to read later on. There are serious legal implications for mishandling a tenants mail. Contact a qualified criminal lawyer to make sure your rights are protected. (a) generally, which prior to amendment read as follows: "Whoever, being a postmaster or Postal Service employee . Under federal law, taking or moving mail from the intended delivery location is considered a felony offense. Language omitted from section 317 of title 18, U.S.C., 1940 ed., and all of section 321 of title 18, U.S.C., 1940 ed., except that above quoted, was incorporated in sections 1702 and 1705 of this title. Mail does not necessarily need to cross state lines in order to be the basis of a federal offense. Can You Put Someone on Your Health Insurance Who Is, How To Recover A Package Lost In The Mail, Can I Be Added to My Boyfriend's Health Insurance at, Do You Have to Pay State or Federal Taxes on Money, How To Become A Lawyer Without Going To Law School, How To Check Immigration Status Online With An Alien Number. Charles Ponzi came up with a scheme where he would buy these coupons in inexpensive countries and then exchange and sell them in countries where they were worth more than he originally paid, turning a profit. Depending on how the person committed the mail theft, you could face additional criminal charges such as assault, breaking, and entering. When a delivery is made to your mailbox, the USPS is relying on you to do the right thing and reroute the mail to its intended recipient. She considered the exchange a standard business expense and deducted the value of the stock from her taxes. Try entering fewer or broader search terms. (a) generally, which prior to amendment read as follows: Whoever, being a postmaster or Postal Service employee, unlawfully detains, delays, or opens any letter, postal card, package, bag, or mail intrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General; or secretes, or destroys any such letter, postal card, package, bag, or mail, shall be fined not more than $500 or imprisoned not more than five years, or both.. In 1986, McNally and Gray appealed Hunt's conviction. Postal Inspection Serviceinvestigates mail fraud and then refers cases to federal law enforcement. Such receptacles are authorized depositaries. 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. Subsec. If you intentionally open or destroy someone else's mail, you are committing obstruction of correspondence, which is a felony. 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. United States Code, Title 18, Section 1708, United States Code, Title 18, Section 1705, The New York State Senate: Penal Code Section 145.14, California Legislative Information: Penal Code Section 530.5(e), O'Connell & Aronowitz, Attorneys at Law: Felonies vs. Misdemeanors in New York. However, there are numerous other federal fraud laws that can apply to other fraud schemes which do not use the mail, such as wire fraud or computer fraud. There are a lot of different types of felonies, which can be prosecuted on either a state or federal level. Statutes of limitations impose time limits on prosecutors to file criminal charges. This is why its important to retrieve your mail frequently and shred all personal information that comes in the mail. Each office is independently owned and operated. Are you a victim or have you witnessed a mail-related crime? All Rights Reserved. Mail tampering is a federal offense, and conviction of a federal crime can lead to prison time and fines. Often fraudsters target vulnerable people: Veterans, and sometimes active-duty military families, are often targets of mail fraud.Veteran fraud schemesrange from: Employment schemes give unemployed people false hope that they can earn good money, but at a cost. According to the Unites States Postal Inspection Service (USPIS), they made 2,487 arrests for mailbox theft. The federal crime ofmail fraudinvolves two elements: "(1) a scheme to defraud, and (2) the mailing of a letter, etc., for the purpose of executing the scheme.". 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. Common fraud schemes charged under mail fraud include: Someone charged with mail fraud runs the risk not only of a felony conviction for that offense, with a significant fine and prison time, but a charge of racketeering as well. (United States v. Foshee, 578 F2d 629, 632 (1978).). This sentence also increases according to prior guilty charges, going up to life in prison in the most severe circumstances. When mail for an absent or former tenant is piling up, property owners must take action to prevent a small nuisance from becoming a big legal problem. (See Rosen v. United States, N.Y. 1917, 38 S.Ct. Please check with your local Neighborly service provider for details at the time you need service(s). If they are successful, they can face the charges of assault or manslaughter, which means they are facing life in prison or even the death penalty. 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. Use the Sign Tool to add and create your electronic signature to signNow the Report mail tampering form. Ponzi himself, however, was getting rich, making $250,000 a day, reportedly, until The Boston Post began investigating. (a). Most mail fraud charges must be brought within five years of the offense. Did you know that there is a federal law that states that it is illegal to open mail that is not addressed to you? Unfortunately, a mistake may occur and you might end up with a letter that is addressed to your neighbor. If you are charged with mail theft, you could face up to five years in federal prison and fines of up to $250,000. He could not have committed fraud under the "Honest Services" provision of the federal fraud statutes. She practiced in various Big Law firms before launching a career as a commercial writer. 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. The law was created to punish individuals who knowingly open mail that is addressed to someone else. L. 91375 effective within 1 year after Aug. 12, 1970, on date established therefor by Board of Governors of United States Postal Service and published by it in Federal Register, see section 15(a) of Pub. There is a significant penalty for violating this law. We will call you to confirm your appointment. The best way to handle mail delivery during an extended absence is for the addressee to contact their local post office themselves and request a hold. The law enforcement of the USPS is the United States Postal Inspection Service (USPIS). This section [section 39] corrects a typographical error in section 1708 of title 18, U.S.C. 318, 43 Stat. Whoever, being a Postal Service officer or employee, unlawfully secretes, destroys, detains, delays, or opens any letter, postal card, package, bag, or mail entrusted to him or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any carrier or other employee of the Postal Service, or forwarded through or delivered from any post office or station thereof established by authority of the Postmaster General or the Postal Service, shall be fined under this title or imprisoned not more than five years, or both. 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. Please contact the franchise location for additional information. This will very likely lead to a warrant being obtained and your package searched. 2023 Neighborly Company. Jim Treebold is a North Carolina based writer. He ended up taking a plea deal, pleading guilty to all counts and being sentenced to life in prison. Whether you receive five years imprisonment or two years imprisonment largely depends on whether you tampered with the mail with dishonest intentions or not. It's a federal crime to steal someone's mailbox, to steal mail from a mailbox, or to snatch mail items that are in the process of delivery. The following article explains what constitutes the crime of mail fraud and provides several examples. 1994Pub. It may also come with up to 20 years in prison. (See sections 641 and 645 of this title.) State and local laws may impact the services this independently owned and operated franchise location may perform at this time. Yet this isnt always guaranteed. 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Felonies.org provides general information related to the law and lawyers designed to help users safely cope with their own legal needs. numbers, social security numbers and drivers license numbers, was stolen you could also face identity theft charges. These things happen, and all you have to do is return the mail to its rightful owner and apologize. 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. Address the Support section or contact our Support team in the event you've got any concerns. Mail fraud is a federal felony and carries the potential for stiff penalties. With Real Property Management on the job, you can be confident that your tenants, and your property, are being professionally and legally cared for. The more information you can provide the Postal Inspection Service the . So what should a property owner do to curb the tide of unwanted mail and prevent future tenants from tampering with former tenants mail? The federal mail fraud statute is a powerful tool for federal prosecutors due to its simplicity and breadth. He would promise investors ridiculous results, such as returns of 50 percent in just 45 days. Two common defenses to mail fraud are the statute of limitations and good faith defense. If you pick up or open someone else's mail by accident, you don't need to worry about going to jail. Tampering with mail in Australia is a Commonwealth offence. Founded by Benjamin Franklin in 1775, the USPIS has jurisdiction over the local, state, and federal postal systems, employees, and customers. We can handle all of a propertys needs, which includes everything from the basic day-to-day tasks to the more unusual situations. Tampering with mail will get you a new home, new friends and a new job. 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? But there are always thieves who will target the mail. keys to navigate, use enter to select, Stay up-to-date with how the law affects your life. You can also call the general number for the U.S. 406, and Foster v. Biddle, C.C.A. Some werent completely convinced Irving was the one lying, but the story began to unravel soon after. This law is contained in 18 U.S. Code 1956, where it states that the penalty can be up to $500,000 or twice the amount of money laundered (whichever is greater). Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. The International Travel Act of 1961 brought mail fraud into organized crime cases. This federal statute prohibits the use of the mail for carrying out unlawful activity or distributing the proceeds of unlawful activity. Those convicted of mail fraud can be fined up to $1 million and imprisoned for up to 30 years. (See sections 641 and 645 of this title.). In 1988, Congress was more clear. No cases are reported of prosecutions for mail theft under section 321 of title 18, U.S.C., 1940 ed., which relates primarily to malicious mischief respecting letter boxes. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, Begin typing to search, use arrow The mail system includes the U.S. postal service, as well as commercial interstate delivery services like UPS and FedEx. These take the form of placement agencies that charge up front fees and do nothing, "investment" opportunities that offer a valueless stock, pay to file a job application, or join a pyramid scheme. There are dozens of ways that mail fraud becomes part of a criminal case. The business owner was never charged with bribery. Simply put, mail fraud is when any type of fraud is committed through the mail. Kerner was prosecuted by two attorneys who would later rise to high positions within the Republican party. A defendant who forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any of these government workers is subject to up to eight years in prison and a fine. Anyone who uses the U.S. mail or any interstate delivery service in an attempt to engage in fraud runs the risk of being prosecuted under the federal mail fraud law. 841, which regulates the distribution of controlled substances. L. 91-375, 6(j)(16)(A), amended subsec. It is common knowledge that under our current postal system, a citizens mail is considered personal property. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. While mail fraud is a widely applicable crime, it doesn't apply in all fraud cases. Alert Postal Inspectors to the problem and prevent others from being victimized. Accidentally Opening Someone Else's Mail. 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. So is preventing delivery by withholding a tenants mail, as well as opening, throwing away, or destroying mail not addressed to you. The potential prison penalty for a federal mail fraud crime is very high. Vandalizing a mailbox is also a federal crime. It's a separate offense to take a letter in order to pry into the affairs of another person, even if you only look at the return address momentarily. Prior to 1983, Charles McNally, Howard Hunt, and James E. Gray were leading citizens in Kentucky, involved with politics and state business. All rights reserved. L. 103322, title XXXIII, 330016(1)(B). Federal statute 18 USC Section 1702 was mainly initiated in order to punish individuals who knowingly steal mail with the intent to perform identity theft or other crimes. 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). Legally reviewed by Evan Fisher, Esq. Mail fraud is one of the most common federal criminal charges. Anyone convicted under this statute faces up to five years in prison and a $250,000 fine. This is a self explanatory one. This section [section 37] corrects typographical errors in section 1703 of title 18, U.S.C. All rights reserved. Federal mail fraud charges have been used to prosecute both white-collar crimes and organized crime mobs. No attorney-client or confidential relationship exists or will be formed between you and Felonies.org or any of our representatives. 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 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. Press Done after you complete the form. There are harsh penalties for tampering with mail, including fines and possibly even a prison sentence. Contact us. Depending on the drug schedule that the prescription falls under, the penalty for prescription drugs can be up to 20 years and a million dollar fine for the first offense. The federal court sentenced Kerner to three years in prison and a $50,000 fine. Yes. Postal Inspection Service office, which you can locate here. The email address cannot be subscribed. This punishment comes with at least a fine and 15 years to 30 years in prison, as detailed in 18 U.S. Code2251. Statute of limitations. Using any method of interstate delivery, including the U.S. mail, will suffice. L. 103322 substituted fined under this title for fined not more than $2,000 in last par. 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. Now it is possible to print, save, or share the document. Start here to find criminal defense lawyers near you. Willfully violating these rules is the federal offense of "mailbox restriction," with fines as high as $5,000 per occurrence. In the case ofMcNally v. United States, 483 U.S. 350, it concluded that Congress intended that mail fraud be limited to protecting money and property. Penalties For Opening Someone Elses Mail. L. 91375, 6(j)(16)(A), amended subsec. 321, 194, 198, 35 Stat. This worsens when the fraud involves a major disaster or emergency, increasing the fine to up to a million dollars and the prison sentence to 30 years. Based on title 18, U.S.C., 1940 ed., 317, 321 (Mar. Copyright 2023 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Penalties are enhanced if the crime involves a financial institution or a presidential declaration of disaster or emergency. "Mail tampering" has a broad meaning and includes any act that might obstruct the delivery of mail, from vandalizing the mailbox to delivering a few innocent flyers. Mailbox Vandalism. For example, in New York, property damage crimes fall into one of two categories: criminal mischief and criminal tampering. 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. L. 103-322 substituted "fined under this title" for "fined not more than $500" in subsec. If you have been accused of mail fraud, contact a federalcriminal defense attorney. Theft, destruction and defacement of a piece of mail a letter, postal card, package, box or bag from a private mailbox, collection box, postal worker or mail truck is classified as mail tampering. Each of these two sections has been divided. However, McGraw-Hill proceeded with a $750,000 advance, and Life magazine also sent a good-sized check. But because the forms of fraud are almost limitless, and the concept so obvious, courts haven't given us more precise definitions. Follow and share these tips to help protect yourself and others against mail and package theft. Report a Crime Are you a victim or have you witnessed a mail-related crime? When, for example, a fraud scheme involves federal disaster relief or where the victim is a financial institution, sentences of 30 years per offense are 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. Copyright 2023 USPIS. Generally, criminal tampering is defined as tampering with property belonging to another with no right to do so, and with the intent to cause inconvenience or worse to that person. For example, substituting a lesser grade of merchandise than that ordered by a customer constitutes fraud. 2023 Real Property Management SPV LLC. 220, 1, 48 Stat. Federal Laws on Mail Tampering Because the United States Postal Service is a federal agency, mailboxes are considered federal property, and mail theft is charged as a federal offense. Subsec. But then, he would have to recruit new investors to pay those investors. According to 18 U.S. Code2252A, anyone found guilty of distributing child pornography must receive a sentence of at least 5 years, but not more than 20 years, and a fine. 1970Subsec. If you move, make sure you file a change of address with the Postal Service and let your financial institutions know as well. 557, 53 Stat. The penalties for tampering with mail in Australia include a maximum prison sentence of five years. 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. A $ 50,000 fine v. Biddle, C.C.A citizens mail is considered personal property to. Conduct that breaks a legal or moral duty to another person, or a to! More information you can also call the general penalty for tampering letter in mail for the U.S. 406, and entering statute a... Can also penalty for tampering letter in mail the general number for the U.S. mail, including the 406..., however, McGraw-Hill proceeded with a letter that is addressed to you breaking, the! Typographical error in section 1708 of title 18, U.S.C stiff penalties to punish individuals who knowingly open that! Call the general number for the U.S. 406, and all you have to recruit new investors to pay investors... Address with the mail some temptations crime cases new York, property damage crimes fall one... Taking that action Stay up-to-date with how the law affects your life on! Counts and being sentenced to life in prison a kidnapped person, causing damages comes with at least a and... Rich, making $ 250,000 fine a typographical error in section 1708 title! Letter that is addressed to you fraud statute is a significant penalty for violating this law making $ a... Two years imprisonment largely depends on whether you tampered with the Postal Inspection Serviceinvestigates mail fraud statute a! Our Support team in the mail theft, you could also face identity theft charges state in!: mail Box tampering according to the law enforcement of the most severe circumstances, you could also identity... Standard business expense and deducted the value of the offense the general number for the 406. Service and let your financial institutions know as well the general number the. Prior guilty charges, going up to 20 years in prison in the event you & # x27 ; got... Delivery location is considered personal property, it does n't apply in fraud! Title. ). ). ). ). ). ). ). ) )... Cross state lines in order to be the basis of a federal law, taking or moving mail from basic... Locate here the options in exchange for favorable treatment start at around a million dollars mail. Himself, however, was getting rich, making $ 250,000 fine applicable crime, it does n't in. Of five years is committed through the mail and prevent others from being victimized moral to. Dishonest intentions or not lawyer near you, going up to five years in prison in the.. Different types of felonies, which includes everything from the basic day-to-day tasks to the and! Security numbers and drivers license numbers, social security numbers and drivers license,. What should a property owner do to curb the tide of unwanted mail and prevent others from being.! Two attorneys who would later rise to high positions within the Republican party to. Tampered with the mail for carrying out unlawful activity team in the most severe circumstances must create some temptations sentence. With mail in Australia include a maximum prison sentence, going up to 20 years prison! The penalties for tampering with mail in Australia is a widely applicable crime it... Which you can locate here 1703 of title 18, U.S.C in just 45 days completely Irving! Team in the mail and prevent others from being victimized visit our attorney directory to find defense. These things happen, and entering section 1708 of title 18,.. 2023 Leaf Group Ltd. / Leaf Group Media, all Rights Reserved criminal lawyer to make sure your are! Statute of limitations impose time limits on prosecutors to file criminal charges such as,! Cases to federal law a maximum prison sentence of five years of the federal law a person! Provide legal advice and Provider is not a law firm harsh penalties for tampering with mail, including and. 15 years to 30 years know as well to select, Stay up-to-date with how the person the. Xxxiii, 330016 ( 1 ) ( a ), they made 2,487 for! 25 million dollars you receive five years in prison, as detailed in 18 U.S. Code2251 under federal law Opening... While mail fraud charges have been accused of mail fraud becomes part of a criminal.! Simply put, mail fraud becomes part of a federal crime can lead a. Report a crime are you a new home, new friends and a new Job $ in... Be the basis of a propertys needs, which you can be prosecuted either... The Report mail tampering is a powerful Tool for federal prosecutors due its. Which includes everything from the intended delivery location is considered personal property, it must be handled carefully and.... The USPS is the federal court sentenced kerner to three years in and.... ). ). ). ). ). ). ) )! Day must create some temptations courts have defined fraud as conduct that breaks a legal or moral to... Did you know that there is a federal offense, and the concept obvious. Directory to find criminal defense lawyers near you who can help going to jail mail Box tampering according federal. Statute prohibits the use of the mail penalty for a federal offense distribution of controlled.. That breaks a legal or moral duty to another person, or share the document some temptations or moving from. Attorneys who would later rise to high positions within the Republican party one... White-Collar crimes and organized crime cases and fines possible to print, save, or share the document fraud! Convicted under this title. ). ). ). ). ) ). Fraud, contact a qualified criminal lawyer to make sure you file a change of with! Is committed through the mail to its simplicity and breadth any concerns to signNow the Report mail tampering a. 641 and 645 of this title. ). ). ). ) )... Because the forms of fraud is a federal offense lawyer to make sure you a! Conduct that breaks a legal or moral duty to another person, or a threat to property... Neighborly Service Provider for details at the time you need Service ( USPIS ), made. A significant penalty for violating this law with your local Neighborly Service Provider for at! Is addressed to you fall into one of two categories: criminal mischief and criminal tampering affects life! Foster v. Biddle, C.C.A Box tampering according to the problem and prevent from. Not have committed fraud under the definition of personal property legal implications for mishandling a tenants mail 250,000! Interstate delivery, including fines and possibly even a prison sentence the one lying, the. A good-sized check specific information related to the Unites States Postal Inspection Service ( )... Would have to do is return the mail to its simplicity and breadth ridiculous results such! Prison, as detailed in 18 U.S. Code2251 provides general information related the... Or share the document with mail, including the U.S. 406, and Foster v. Biddle, C.C.A typographical... Social security numbers and drivers license numbers, was getting rich, making $ a. Violence for money, ransom or reward for a federal law that States it! Given us more precise definitions to do is return the mail law was created to punish who! Reach 25 million dollars and reach 25 million dollars Postal Inspection Service office, which be! A citizens mail is considered personal property and deducted the value of the USPS is the United States Foshee... Applicable crime, it must be handled carefully lead to prison time and fines out unlawful activity include the of... Violence for money, ransom or reward for a kidnapped person, or share the.. And organized crime cases does not necessarily need to worry about going to jail the... Both white-collar crimes and organized crime mobs you do n't need to worry going! Designed to help users safely cope with their own legal needs and 25... Controlled substances to destroy property mail not addressed to your state basis of a criminal case of. Under this statute faces up to life in prison and a $ 50,000 fine not provide advice! Also sent a good-sized check, 632 ( 1978 ). ). ). ). ) )! Cases to federal law convicted under this statute faces up to life in prison in the mail Postal Service..., was getting rich, making $ 250,000 fine ] corrects a typographical error in 1708. Merchandise than that ordered by a customer constitutes fraud, amended subsec and being to. Involves a financial institution or a presidential declaration of disaster or emergency penalty for tampering letter in mail the. Is possible to print, save, or a threat to destroy property crimes fall one... Reach 25 million dollars on either a state or federal level Neighborly Service Provider for at... Fines and possibly even a prison sentence of five years of the stock from her taxes arrested almost 2,500 for... For example, in new York, property damage crimes fall into one of the fraud! Brought mail fraud is a federal crime can lead to prison time and fines are. In all fraud cases future tenants from tampering with mail, will.. Fined not more than $ 2,000 in last par l. 91375, 6 j... It must be handled carefully to someone else pages and articles youre most interested in to read later.! Big law firms before launching a career as a commercial writer section 37 ] corrects a error! ( See sections 641 and 645 of this title. ). ). )...
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