U.S. v. Mr. A (DMC No. 12448) – Federal Felony Theft of Mail by Postal Employee ($175) & Federal Felony Unlawful Possession of Stolen Mail – Reduced to 1 Year Probation and Zero Days in Jail – U.S. District Court, District of Phoenix (Case No. 2:14-CR-14-00534-001-PHX-SPL).
Mr. A. was a postal carrier in Glendale. One of the households on his route contacted the Postal Inspector to claim that they had not received a card that was mailed from Wisconsin which contained cash. There had been several complaints against Mr. A. along his route in the past. The Postal Inspector then prepared a mailing which contained a $25 Target gift card. This mailing was called a “test mailing” and it would have an address that has “no such number.” Whenever a piece of mail ends up with having no such number, it is to be designated as UBBM (Undeliverable Bulk Business Mail). It is then to be returned by the Postal Carrier to the station. In this case, the card was never returned and he instead utilized it to buy goods at Target.
Mr. A. was brought in to be questioned by the Postal Inspector and he was requested to sign a Garrity Form. In this form, which is designed for questioning government employees, it states that if the Employee makes any admissions, they can be used against them “in any future criminal proceedings.” It also states “If I refuse to answer questions because my answers might result in criminal charges being brought against me, I will not be disciplined solely for remaining silent.” However, usually if the employee invokes their right to remain silent, they will lose their job with the government.
During the interview process, Mr. A. denied the allegations. When he was confronted with the used Target card, he then made an admission. He then invoked his right to remain silent and secured our services. Shortly thereafter, charges of Theft of Mail by Postal Employee per 18 USC 1709, & Felony Unlawful Possession of Stolen Mail per 18 USC 1708 were filed against Mr. A. We contacted the Assistant U.S. Attorney in this case in order to come to a resolution. It was determined that the total amount of loss was $150 to the individual household on Mr. A’s route and the $25 spent int the gift card by the Postal Service. In exchange for a $600 fine and the $175 in restitution, Mr. A’s case was reduced to one year of Probation with Zero Days in Jail.