What to know about Mail & Wire Fraud in Federal Court
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What is Mail and Wire Fraud in Federal Court?
Mail and wire fraud in federal courts is when someone uses the mail (postal service) or electronic communication (such as phone, email, or internet) to intentionally deceive another person with the goal of obtaining money or property through fraud. The reason why it ends up in Federal Court is because typically these cases cross state or country lines.
Federal Mail and Wire Fraud laws are covered by 18 U.S.C. 1343:
Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, transmits or causes to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or both. If the violation occurs in relation to, or involving any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with, a presidentially declared major disaster or emergency or affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.
What is the process for criminal charges in federal court?
Target Letter: Not all but most federal cases, especially white collar cases, start with a target letter. A Target letter is a letter from the United States Attorney’s office from the team that is working to investigate your case. This letter typically will provide which charges they are investigating you for, which court or jurisdiction is doing the investigation, and a deadline to respond to the letter by. This deadline is extremely important if you want to retain extra time before any formal charges are filed. At this stage, you should retain a federal defense attorney that can help you navigate hereon out. After you retain an attorney, they will reach out to the assigned team for your case–both prosecutors and law enforcement involved. This prevents prosecutors and law enforcement from contacting you directly. This stage of the case is crucial to your success and you should not navigate it alone without an attorney.
Charges: If after the target letter phase, charges are filed, they can be done one of two ways. Through criminal information or a grand jury indictment. If you have an attorney at this phase, you are able to control how this occurs. It can also prevent a traumatizing experience of agents showing up at your home to arrest you and book you with charges.
Court dates: If you had an attorney throughout this phase, you are typically aware of the bond conditions the prosecutor will seek once charges are filed. If charges were filed without a target letter first, you will go through an arraignment in federal court where a magistrate judge will decide whether you grant you bond. That will be your first court date. Your matter will then be set for a preliminary hearing within 14 days if you are in custody and don’t get bond or 21 days if you are out on bond. A defendant can waive preliminary hearing or can continue it outside the 21-day timeframe. After your preliminary hearing, your next court date will either be a plea or a trial. Discovery will commence right after your arraignment and your attorney will have a chance to review the evidence in your case with you.
Plea or Trial: Whether you should take a plea or take your case to trial will depend on the evidence in your specific case.
What are the penalties for Mail & Wire Fraud in Federal Court?
Mail and Wire Fraud is a serious felony charge and carries significant punishments that is dependent on your criminal history, the total amount in damage, as many other factors such as who the victim in your case is. It is also a felony charge that cannot be expunged or removed from your record. Some of the penalties include:
- Prison Sentence – Up to 20 years in federal prison for each count of mail or wire fraud.
- Fines – Up to $250,000 for individuals and $500,000 for organizations per count.
- Enhanced Penalties – If the fraud affects a financial institution or is related to a federal disaster relief effort, the sentence can go up to 30 years in prison and fines up to $1 million.
- Restitution – Courts often order defendants to repay victims for financial losses.
- Forfeiture of Assets – Any property or money obtained through fraud can be seized
Frequently Asked Questions About Mail & Wire Fraud:
What is the difference between Mail and Wire Fraud?
Mail fraud (18 U.S.C. § 1341) and wire fraud (18 U.S.C. § 1343) involve schemes to defraud individuals or entities through false pretenses, representations, or promises. The key difference is the method used:
- Mail fraud involves the U.S. Postal Service or private carriers (FedEx, UPS).
- Wire fraud involves electronic communications, such as emails, phone calls, text messages, or the internet.
What are some common examples of mail & wire fraud?
1. Investment schemes or misappropriation of funds
2. Telemarketing Schemes
3. Dating site scams
4. Internet phishing scams
5. Identity Theft
Do I need to complete the fraud to be convicted of it?
No, intent to defraud or attempt to defraud is enough to be charged and convicted.
Can I be charged even if I didn’t personally send the mail or wire communication?
Yes, if someone else sends the mail or uses wire communication as part of a scheme and you are involved in the scheme, you can still be charged and convicted under this statute.
What are some defenses to Mail & Wire Fraud?
1. Intent. Prosecutors have to prove that you knowingly and intentionally engaged in a scheme to defraud. Negligence or honest mistake is not enough.
2. Good Faith. A good faith belief in the statements made and no intent to defraud
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