What Is Mail Fraud and Wire Fraud in Federal Court?
Mail fraud and wire fraud are two of the most commonly charged federal offenses in white collar criminal cases. These crimes are broad in scope and can apply to a wide range of fraudulent activities involving deception, misrepresentation, or schemes to unlawfully obtain money or property. At The Spizman Firm in Atlanta, we defend individuals facing serious federal charges, including allegations of mail fraud and wire fraud.
Understanding Mail Fraud
Mail fraud is defined under 18 U.S. Code § 1341. It occurs when someone uses the U.S. Postal Service, or any private or commercial mail carrier, to further a scheme to defraud. This includes sending fraudulent documents, contracts, checks, or other communications through the mail to execute or conceal a plan to obtain money or property through deceit.
To convict someone of mail fraud, federal prosecutors must prove:
- A scheme to defraud existed;
- The defendant used the mail in furtherance of that scheme; and
- The defendant acted with intent to defraud.
Importantly, the mailing itself does not have to be central to the fraud, any use of the mail system that supports the scheme may qualify.
Understanding Wire Fraud
Wire fraud is defined under 18 U.S. Code § 1343 and is similar to mail fraud but involves electronic communications. This includes using the internet, phone calls, emails, text messages, faxes, or other electronic means to carry out or advance a fraudulent scheme.
Like mail fraud, the elements of wire fraud include:
- A scheme to defraud;
- The use of wire, radio, or television communication to execute the scheme; and
- Intent to defraud.
Wire fraud is often charged in cases involving online scams, fraudulent investment schemes, phishing operations, or business-related deception that relies on email or electronic funds transfer.
Why These Charges Are Serious
Both mail fraud and wire fraud are federal felonies, meaning they are prosecuted in federal court by U.S. Attorneys. Each act of mail or wire communication can be charged as a separate offense, leading to multiple counts and potentially long prison sentences.
Convictions for mail or wire fraud can result in:
- Up to 20 years in federal prison per count;
- Substantial fines;
- Restitution to victims;
- For schemes involving financial institutions or federal disaster relief funds, the sentence can increase to up to 30 years.
Additionally, a federal conviction can carry long-term consequences beyond prison, including loss of professional licenses, damaged reputation, and barriers to employment.
Fighting Mail and Wire Fraud Charges
These cases often involve complex paper trails, digital evidence, and lengthy investigations. Our experienced Atlanta Criminal Defense Attorneys can challenge the government’s evidence, intent requirements, and the connection between the alleged communication and the fraudulent scheme.
Schedule a Consultation Today
At The Spizman Firm, we represent individuals facing federal investigations and criminal charges throughout Georgia. We proudly serve Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you are under investigation or have been charged with mail or wire fraud, contact us today to protect your rights and your future.
https://www.law.cornell.edu/uscode/text/18/1341
