THE AUTHOR NOTES THAT TO ESTABLISH A CIVIL VIOLATION, THE GOVERNMENT MUST SHOW THAT A PROMOTER IS SEEKING REMITTANCE OF MONEY OR PROPERTY BY MAIL AND THAT THE MAIL CONTAINS EXPRESS OR IMPLIED MISREPRESENTATION OR IS RELATED TO A LOTTERY OR OTHER FORM OF GAMBLING. IMPLICATIONS OF THIS LAW FOR THE COMMON PRACTICE OF 'PUFFING' (MAKING SLIGHTLY EXAGGERATED CLAIMS ABOUT MERCHANDISE) ARE DISCUSSED, AND THE FINE DIFFERENCES BETWEEN PUFFING AND MISREPRESENTATION ARE NOTED. THE PROCESS OF IMPLEMENTING CIVIL MAIL FRAUD HEARINGS AND IMPOSING CIVIL PENALTIES ARE ALSO REVIEWED. THE CRIMINAL MAIL FRAUD STATUTE REQUIRES THAT THE MAIL BE USED IN ANY FACET OF THE FRAUD OR IN AN ATTEMPT TO DEFRAUD. SEVERAL EXAMPLES OF BOTH CIVIL AND CRIMINAL FRAUD CASES ARE PROVIDED TO ILLUSTRATE THE GUIDELINES....DMC