If you’re charged with federal mail and wire fraud under federal law in the U.S. District Court for the Eastern District of Virginia (EDVA) or the U.S. District Court for the District of Columbia (DDC), the handling of your case will differ from state-level fraud charges. These cases are prosecuted in federal courts and carry severe penalties, reflecting the seriousness with which the federal government views these offenses. Understanding the specifics of these laws and what you can expect during the legal process is crucial.
Federal mail and wire fraud charges can result from a number of activities, including, alleged Ponzi schemes, where funds from new investors are used to pay returns to earlier investors, and alleged phishing scams, where individuals say they were deceived into providing personal information through fake emails or websites, and telemarketing fraud.
What is Federal Mail and Wire Fraud?
Federal mail fraud under 18 U.S. Code § 1341 and wire fraud under 18 U.S. Code § 1343 involve schemes to defraud individuals or entities of money or property using the postal service or electronic communications, respectively. The essential elements of both offenses include:
- Scheme to Defraud: There must be a deliberate plan or intent to defraud someone out of money or property.
- Use of Mail or Wire Communications: The scheme must involve the use of mail (postal service) or wire (telephone, internet, or other electronic communications) to further fraudulent activity.
- Intent: The perpetrator must have had the intention to defraud the victim.
How is Federal Mail and Wire Fraud Punished?
When charged under federal law in the EDVA or the District of Columbia, the penalties for mail and wire fraud can be severe:
- Federal Felony Conviction: Federal mail and wire fraud are felony offenses, leading to a federal felony conviction if found guilty.
- Fines and Restitution: The fines for federal fraud can be substantial, often reaching up to $1,000,000, depending on the specifics of the case. Additionally, the court may order restitution to compensate victims for their losses.
- Incarceration: Prison time is a significant potential consequence, with sentences for mail and wire fraud ranging up to 20 years. In cases involving financial institutions or benefits from a presidentially declared major disaster or emergency, sentences can increase up to 30 years.
- Impact on Professional Life: A conviction will impact your federal criminal record, which can have severe repercussions on future employment, especially in jobs requiring security clearances or professional licenses.
- Probation: In some cases, the court may impose probation in addition to or instead of incarceration. Probation could come with various conditions, such as mandatory community service or attendance in fraud prevention programs.
Consult with an Experienced Federal Defense Attorney
Handling a mail or wire fraud charge in federal court, whether in the EDVA or the DDC, involves legal proceedings that are distinct from state court processes. Representation by an attorney who is experienced in federal court practices and familiar with these jurisdictions is vital. At Moore, Christoff & Siddiqui, our legal team has extensive experience with both federal and state fraud offenses, ensuring our clients receive knowledgeable and effective representation.
If you’ve been charged with mail or wire fraud in the EDVA or the DDC, contact our experienced criminal defense team.
