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Dropped charges and reduced jail time: Court records show some Central Texas mail theft cases end with plea deals

Mail theft puts your identity at risk. The KVUE Defenders found people guilty of the crime aren’t always prosecuted to the fullest extent of the law.

AUSTIN, Texas — “I’m not trying to be nosey, but it looks like someone’s electric bill,” Ava Osborne said.

Osborne was peering into a damaged cluster mailbox at a stack of letters. She and her neighbors have mailboxes packed within a metal case, called a “cluster.”  Each person has a key to open their door, while postal workers use a special key – called an arrow key – to access several of the boxes at once.

Police say thieves use similar keys to break into mailboxes. Those keys may be illegally manufactured or stolen from carriers with the United States Postal Service (USPS).

“In addition to the mail theft cases below, there were 446 active robbery cases during FYs 2021 and 2022 in the five divisions we reviewed,” the USPS Office of Inspector General reported in September 2023.

Those five divisions were Chicago, Houston, Los Angeles, New York and Washington.

Credit: USPS Office of Inspector General
A graphic from a USPS OIG report released Sept. 28, 2023, titled "Active Robbery Cases by Postal Inspection Service Division in FYs 2021-2022."

In Texas, auditors wrote that 31 arrow keys were missing from two post offices near Houston.

“At the Oak Forest Station, 18 of the 61 keys located at the unit were not listed on the inventory log, and 12 of the 55 keys listed on the inventory log could not be located,” the audit shows.

The report also shows the management had not reported the missing keys to the U.S. Postal Inspection Service.

“At the Conroe Post Office, 40 of the 170 keys located at the unit were not listed on the inventory log, and 19 of the 149 keys listed on the inventory log could not be located. Unit management had not reported any of the missing keys to the U.S. Postal Inspection Service and did not accurately update the arrow key inventory log,” the audit shows.

“It's not just my neighborhood. I have friends that have let me know that North Austin and their apartment complexes, this is happening. There's people in – I mean in the entire city. So it's not just me. And to me, that's unacceptable,” Osborne said.

The KVUE Defenders started investigating broken mailboxes more than two years ago.

Since that time, arrest records show people accused of using arrow keys, damaging mailboxes and stealing mail sometimes don’t face federal charges.

“Federal agents gather information and evidence and present it to a prosecutor. That prosecutor’s office, whether the local District Attorney or the U.S. Attorney, will decide whether to proceed with the case,” a spokesman for the United States Postal Inspection Service said.

“What's happened is that postal inspectors now are on their own,” Frank Albergo, president of the Postal Police Officers Association, said.

Albergo said the problem dates back to 2020. The U.S. Postmaster General Louis DeJoy limited postal police from investigating mail theft.

“So if there's crime that's committed, postal-related, a postal inspector can no longer send postal police to respond,” Albergo said.

Last summer, USPS launched Project Safe Delivery. It was designed to be the way to combat the rise in mail thefts, stolen postal keys and attacks on mail carriers. The project included 12,000 High-Security Blue Collection Boxes and 49,000 Electronic Locks.

The KVUE Defenders found records showing those plans were not enough and not feasible for a long-term solution.

A USPS Inspector General audit shows those upgraded boxes and locks are in select cities. The cost to replace all would be “$2.6 billion in hardware alone.”

State charges do not carry as much time as federal charges. Depending on how many addresses are hit, Texas law shows the crime may be a misdemeanor.

It’s not until mail is taken from at least 10 different addresses that the crime carries an automatic State felony charge, and it’s only punishable for up to two years unless investigators and prosecutors can prove other crimes associated with the case. The state crime is a third-degree felony if the mail is stolen from 30 or more addresses.

It’s a federal crime for someone to have an arrow key if they’re not a postal employee. Texas has no law specifically against the use of arrow keys. However, the KVUE Defenders found cases in Travis County where court records show mailbox keys used in mail theft crimes.

Those arrested never faced federal charges.

“You're not protecting the mail by using postal police officers. So, what would you expect to happen? Well, this is exactly what you would expect to happen,” Albergo said.

When the federal prosecutors do take the case, the penalty may be lowered in court. The Defenders found nearly a dozen people federally charged in Central Texas for using arrow keys to steal people’s mail.

Court records show identities compromised for hundreds of people. While four of the cases are pending, every other person admitted guilt. They had some of their charges dropped in plea deals. Stealing arrow keys alone can lead to up to 10 years in prison, but court records the Defenders reviewed show that of those who pleaded guilty, all received a reduced sentence.

One person who pleaded guilty, David Akharume Afenkhena, was sentenced to less than 5.5 years for committing mail fraud and aggravated identity theft in the Austin area. Mail theft, stolen keys and 13 other criminal charges were dropped in the case.

The rest of the criminals received a lesser punishment. James Alan Little received a 15-month sentence for mail theft and illegally obtaining USPS keys.  Court records show Little’s probation following the sentence was revoked due to drug use. James Taylor, Jr. was sentenced to 12 months in federal prison for Possession of a Postal Service Key.  Four other related charges were dropped.

Three people who pleaded guilty had some charges dropped and received no prison time. They were sentenced to probation instead. State court records show two people charged with breaking into mailboxes in Osborne’s neighborhood.

One was punished for “credit card or debit card abuse.”  It came with a 14-month sentence. The other charges of “engaging in organized crime” and “mail ID theft” were dropped.

The other person’s case is pending. 

It took three months, but the mailboxes in Osborne’s neighborhood were finally fixed. Meanwhile, her frustration remains.

“I'm hoping that maybe we can shed some light on this and get some help, not only for our neighborhood but the entire city of Austin that's experiencing this problem,” Osborne said.

The KVUE Defenders pushed federal lawmakers for answers.

“We see the growth in the number of carriers that are being attacked, usually not to steal the mail, but to steal the key to get in the cluster mailbox to get the money,” U.S. Rep. Lloyd Doggett (D-Austin) said.

A bipartisan bill filed in Congress would expand the postal police officers' duties.

“I think there's value in having a specialized police look at this problem,” Doggett said.

The Postal Police Reform Act was introduced in the U.S. House of Representatives on Apr. 28, 2023. The Senate companion was introduced on Nov. 29, 2023.  Both were referred to committee at the time, but no action has been taken since then.

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