Federal Mail and Wire Fraud Charges

A Comprehensive Guide to Federal Mail and Wire Fraud

Federal mail and wire fraud are serious crimes that are frequently prosecuted within the U.S. legal system. These offenses involve using misleading or fraudulent tactics to acquire money, property, or services unlawfully through postal or electronic communications. While these crimes are often associated with white-collar fraud, they can have devastating consequences, including significant fines, long-term imprisonment, and lifelong damage to one’s personal and professional reputation.

Federal authorities are particularly vigilant in pursuing mail and wire fraud cases because these offenses often harm multiple victims and can disrupt the financial system on a broader scale. These crimes fall under the legal framework outlined in 18 U.S.C. § 1341 for mail fraud and 18 U.S.C. § 1343 for wire fraud. Both statutes offer federal prosecutors the tools to charge individuals who misuse mail services or electronic communications in furtherance of a fraudulent scheme.

Defining Mail and Wire Fraud

The crux of mail and wire fraud is rooted in two primary elements:

1. The Existence of a Fraudulent Scheme: Both mail and wire fraud center on the defendant engaging in a deliberate plan designed to deceive another person or entity for financial gain or some other benefit. This fraudulent scheme must involve intentional falsehoods, misleading promises, or deceptive actions intended to cheat victims out of their money, property, or services.
2. Use of Mail or Electronic Communication: For mail fraud, the defendant must have utilized postal services—whether through the U.S. Postal Service or private carriers like FedEx or UPS—as part of their scheme. In contrast, wire fraud relies on electronic forms of communication, such as emails, phone calls, text messages, or internet-based transactions, to execute or further the fraudulent plan.

An important distinction is that the fraud itself does not have to be successful for these charges to apply. Merely intending to defraud, coupled with the use of mail or wire communications, is sufficient for a prosecution under these statutes.

Common Types of Mail and Wire Fraud

Due to their broad definitions, mail and wire fraud encompass a wide range of activities. Some common examples include:

• Investment Fraud: In this scheme, perpetrators convince victims to invest in fictitious businesses or ventures by promising lucrative returns. Communication about these false opportunities often takes place through email, phone calls, or even physical mail flyers.
• Telemarketing Scams: Fraudsters frequently use phone calls to lure victims into paying for products or services that don’t exist or have no real value. These scams may also involve identity theft, where personal information is stolen through deceitful solicitations.
• Real Estate Fraud: Misrepresentations about property or false promises about mortgage agreements are common types of fraud in the real estate industry. These schemes may involve sending fraudulent contracts or documents via mail or email to convince victims to part with their money.
• Business or Contract Fraud: In this scheme, fraudulent invoices, falsified contracts, or forged financial statements are sent to businesses or individuals via mail or email. These documents deceive recipients into transferring money or goods under false pretenses.
• Charity Fraud: Fraudulent actors often use crises, such as natural disasters, to solicit donations for non-existent charitable causes. These scams are conducted through emails, social media, phone calls, or even physical letters asking for monetary contributions.

Because mail and wire fraud statutes are so expansive, prosecutors often use these charges when other fraud-related laws do not directly apply. Each separate use of mail or electronic communication can be considered a distinct offense, leading to multiple charges for a single scheme.

Severe Penalties for Mail and Wire Fraud

The penalties for those convicted of mail and wire fraud are harsh and reflect the serious nature of these offenses. Under 18 U.S.C. § 1341 and 18 U.S.C. § 1343, individuals convicted of mail or wire fraud face:

• Prison Sentences of Up to 20 Years: For most mail or wire fraud convictions, the maximum sentence is 20 years in federal prison. However, if the fraud involves a financial institution or if it’s connected to a federal emergency or disaster, the penalties increase substantially, with sentences of up to 30 years.
• Significant Financial Fines: Convicted individuals may face fines of up to $250,000 for each count of mail or wire fraud. In cases involving organizations or corporations, fines can reach as much as $1 million per count.
• Restitution to Victims: Courts frequently order defendants to pay restitution to the victims of their fraudulent schemes. This restitution can include the repayment of any financial losses suffered by the victims due to the fraud, including stolen money or lost property.
• Asset Forfeiture: Federal law allows the government to seize assets gained through fraudulent means. This can involve confiscating bank accounts, homes, vehicles, and other valuable property linked to the fraud.
• Long-Term Consequences: Beyond fines and imprisonment, a fraud conviction can irreparably harm a person’s career, professional relationships, and reputation. Convicted individuals may face challenges finding employment, securing loans, or even restoring personal relationships after their release from prison.

Mail and wire fraud charges often carry multiple counts, particularly if the scheme involved multiple communications over time. Each fraudulent transaction—whether it’s a phone call, an email, or a mailed document—can be treated as a separate offense, leading to cumulative penalties.

Defenses Against Mail and Wire Fraud Charges

Given the severity of the consequences, defending against mail and wire fraud charges is crucial. Depending on the circumstances, several potential defenses may be available:

• Lack of Intent: Prosecutors must prove beyond a reasonable doubt that the defendant knowingly engaged in fraudulent activities. If the defense can show that the defendant lacked the intent to deceive or was unaware that their actions constituted fraud, the charges may be weakened.
• Absence of a Fraudulent Scheme: If the prosecution cannot establish the existence of a clear, deliberate plan to defraud, the charges may not hold. A defense attorney may focus on demonstrating that the defendant’s actions were not part of a larger scheme to deceive.
• Challenging the Use of Mail or Wire Communications: For a conviction, the prosecution must prove that the defendant used mail services or electronic communications to carry out the fraud. If the defense can argue that these methods were incidental or unrelated to the scheme, it may reduce the impact of the charges.
• Entrapment: If law enforcement officials coerced or enticed the defendant into committing fraud that they would not have otherwise committed, the defense may be able to argue entrapment. This defense focuses on improper or overly aggressive tactics by law enforcement.
• Statute of Limitations: Mail and wire fraud charges are subject to a statute of limitations, which generally limits prosecution to within five years of the alleged crime. If the fraud occurred outside this window, the defendant may move to have the case dismissed.

Why Choose Josh Tomsheck for Mail and Wire Fraud Defense?

When facing federal mail or wire fraud charges, having the right legal representation is critical. Josh Tomsheck, a nationally Board-Certified criminal defense lawyer, brings the experience, skill, and dedication needed to successfully defend against these complex charges. Here’s why he is the right choice for your defense:

• National Board Certification: As one of the few attorneys nationwide with Board Certification in criminal law, Josh Tomsheck is recognized for his deep understanding of federal criminal statutes and his commitment to providing top-notch defense.
• Extensive Federal Case Experience: With years of experience in federal courts, Josh Tomsheck has defended numerous clients against serious fraud charges, including mail and wire fraud. His familiarity with federal court procedures and prosecutors gives him an edge in building a strong defense.
• Strategic, Client-Centered Defense: Every fraud case is unique, and Josh Tomsheck takes a tailored approach to each defense. He thoroughly investigates the details of the case, scrutinizes the evidence, and works to uncover weaknesses in the government’s case, providing the best possible defense strategy for his clients.
• Proven Success: Tomsheck’s record speaks for itself, with numerous favorable outcomes in federal fraud cases, including acquittals, reduced charges, and favorable plea agreements. His dedication to securing the best result for his clients makes him a standout attorney in federal criminal defense.

If you’re facing mail or wire fraud charges, it’s crucial to have a skilled and experienced attorney on your side. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today to begin building a powerful defense and protecting your future.