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18 USC 1341 Mail Fraud Explained: Federal Defense

November 26, 2025

Contents

18 USC 1341 Mail Fraud Explained

If you’re reading this because the FBI just knocked on you’re door, or because you received a target letter from the U.S. Attorney’s Office, or because you’re lawyer just told you that your facing 20 years per count under 18 USC 1341—irregardless of what anyone else told you, this article gonna explain what mail fraud actually is, how much prison time you’re really facing, and what defenses might actually work. I’m gonna be straight with you about the odds, because you doesn’t have time for false hope when prosecutors is stacking federal felonies.

Todd Spodek—the federal criminal defense attorney who represented Anna Delvey in her high-profile fraud case—has been defending mail fraud cases for over 20 years. What he seen in federal court, over and over, is defendants who don’t understand the exposure until it’s way too late. The question prosecutors is gonna ask ain’t “did you commit fraud?”—the question is “how many pieces of mail did you send?” Because under federal law, every single letter, email, or package you sent through the mail is a separate federal felony.

Let’s break down what your actually up against.

What Actually IS Mail Fraud Under Federal Law

The federal mail fraud statute—18 U.S.C. § 1341—was written back in 1872, but it’s been updated many, many times to cover modern communications. Today, mail fraud doesn’t just mean letters sent through the U.S. Postal Service. It includes any private or commercial interstate carrier—FedEx, UPS, DHL, even electronic communications that cross state lines. Irregardless of whether you used a stamp or clicked “send” on an email, if it went through interstate commerce as part of a fraudulent scheme, prosecutors can charge you.

Based off the Department of Justice Criminal Resource Manual, there’s two elements the government has to prove beyond a reasonable doubt:

  1. You devised or intended to devise a scheme to defraud (or you was planning to perform specified fraudulent acts), AND
  2. You used the mail or an interstate carrier for the purpose of executing, or attempting to execute, the scheme.

The legal standard comes from Schmuck v. United States, 489 U.S. 705 (1989). What’s critical here is that prosecutors doesn’t have to prove you was successful in committing fraud. They doesn’t have to show that anyone actually lost money. They doesn’t even have to prove the scheme was completed. Attempt is enough. If you intended to defraud someone and you sent even one letter or email to further that plan, irregardless of whether it worked, you’re guilty under 18 USC 1341.

“Material misrepresentation” is the key term. It means the false statement or omission was significant enough that it would of influenced the victim’s decision. Sales puffery—like saying “this is the best investment you’ll ever make”—usually ain’t material. But if you’re telling investors they money is going into real estate when it’s actually going into you’re personal bank account, that’s material. And if you sent account statements showing fake returns based off those lies, every statement is a separate count of mail fraud.

Here’s what defendants doesn’t understand until too late: every mailing is a separate federal felony. I seen cases where a guy sent 47 monthly investor statements over four years. That’s not one count of mail fraud—that’s 47 separate federal felonies, each carrying up to 20 years. Prosecutors stacks these counts to create massive sentencing exposure, which forces defendants into plea negotiations irregardless of whether they got a valid defense.

How Much Prison Time You’re Actually Facing

The statutory maximum for mail fraud is 20 years per count. If you’re scheme involved a financial institution (bank, credit union, etc.) or if it was connected to a presidentially declared disaster or emergency, the penalty increases to 30 years per count and fines up to $1,000,000. But them statutory maximums doesn’t tell you what you’re really facing—because federal sentencing is driven by the U.S. Sentencing Guidelines, not the statute.

Here’s how the guidelines actually works. The base offense level for fraud is 7. That sounds low, but then the enhancements starts stacking:

  • Loss amount adds levels exponentially. Loss under $6,500 adds nothing. But loss between $6,500-$15,000 adds 2 levels. Loss between $15,000-$40,000 adds 4 levels. It keeps going up. Loss over $550 million adds 30 levels.
  • More than 10 victims: +2 levels
  • Sophisticated means (using shell companies, offshore accounts, encrypted communications): +2 levels
  • Mass marketing (targeting vulnerable victims through mass communications): +2 levels
  • Leadership or organizing role: +4 levels

These enhancements stack. Let’s say you was running an investment fraud scheme. You raised $2 million (loss amount adds 16 levels). You had 25 victims (+2 levels). You used a shell company and fake documents (+2 levels). You organized two other people to help (+4 levels). That’s base level 7, plus 24 levels in enhancements, putting you at offense level 31. Based off you’re criminal history category (let’s say you doesn’t have any prior convictions, so Category I), that’s a guidelines range of 108-135 months—that’s 9 to 11 years in federal prison, irregardless of the statutory maximum.

And that’s before mandatory restitution. Federal courts must order full restitution to victims, irregardless of whether you can afford to pay it. The restitution order becomes a permanent lien. Even if you files bankruptcy, restitution survives. You’re wages gets garnished, you’re tax refunds gets seized, and the debt never goes away. I seen restitution orders in the millions for defendants who was making $60K a year before they was arrested—there gonna be paying it off for the rest of they lives.

Many, many defendants don’t understand this math until the presentence investigation report comes back and they sees the guidelines calculation. By then, you’re already locked into a plea agreement or facing trial. That’s why you needs to understand sentencing exposure before you makes any decisions about how to proceed.

Trial vs. Plea Deal: The Statistical Reality

Here’s the numbers you needs to know, based off U.S. Sentencing Commission data for federal fraud cases:

  • Less than 5% of defendants go to trial
  • Over 95% accept plea deals
  • Defendants who go to trial receive approximately 3X the sentence compared to defendants who plead guilty
  • Over 70% of all fraud defendants receive prison time
  • Only about 15% receive probation only

Let me put this in plain terms, irregardless of how it sounds. If you goes to trial on federal mail fraud charges, you’re gonna get hammered at sentencing if you loses. The federal system is designed to punish defendants who “waste the court’s time” by going to trial. Judges doesn’t say it out loud, but the guidelines has a built-in mechanism: if you pleads guilty and accepts responsibility, you gets a 2-3 level reduction in you’re offense level. If you go to trial, you doesn’t get that reduction. Plus, prosecutors is gonna recommend the high end of the guidelines range—or even above the guidelines—if you made them go through a trial.

Between you and I, prosecutors knows these odds better then you do. That’s why they stacks charges. If you was involved in an investment fraud scheme and you sent 30 pieces of mail, they gonna indict you on all 30 counts. Even if they case is weak on some counts, they knows you’re lawyer is gonna tell you the same thing I’m telling you now: the trial penalty is real, and it’s devastating.

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I seen defendants with guidelines ranges of 5-7 years based off a plea deal. They goes to trial, loses, and gets sentenced to 15-20 years. Same facts. Same loss amount. Same criminal history. The only difference is they went to trial. Irregardless of whether that’s fair, that’s the reality of federal sentencing.

Does this mean you should always take a plea? No. It means you needs to go into plea negotiations with you’re eyes open about what trial actually costs—not just in legal fees (we’ll get to that), but in sentencing exposure. If you got a valid constitutional defense, or if the government’s case is based off evidence that should be suppressed, trial might be you’re best option. But if prosecutors has emails where you’re clearly lying to investors, and they got cooperating witnesses, and the loss amount is high—you’re odds at trial ain’t good, irregardless of how compelling you thinks you’re story is.

What Defenses Actually Work in Federal Mail Fraud Cases

There’s a difference between defenses that sounds good in theory and defenses that actually gets cases dismissed or results in acquittals. Based off over 20 years defending federal fraud cases, here’s what actually works:

1. Good Faith Defense (Complete Defense)

If you honestly believed the representations you was making was true, and you disclosed all material information, and you had a reasonable basis for you’re statements—that’s a complete defense to mail fraud. It’s not just mitigation. If the jury believes you acted in good faith, they has to acquit you, irregardless of whether investors lost money.

The key is contemporaneous evidence. You needs documents, emails, financial records from the time of the alleged fraud that shows you believed what you was saying. If you’re relying on testimony alone—”I thought the business would succeed”—that usually doesn’t work. But if you got business plans, expert opinions, third-party valuations from before you started raising money, that’s real evidence of good faith.

Example: You raises money for a real estate development. You tells investors the project is fully permitted and ready to break ground. Turns out, there was permitting issues that delays the project by two years, and investors loses money. Did you commit mail fraud? Not if you honestly believed, based off what the developer told you and what the preliminary permits showed, that the project was ready. If you got emails from the developer confirming permits, and you disclosed those emails to investors, you’re good faith defense is strong.

2. Lack of Intent to Defraud

Prosecutors has to prove you intended to defraud victims. If you made a mistake, or if you was negligent, or if you didn’t understand the financial details—that ain’t fraud. Fraud requires intentional deception.

The problem is, prosecutors is gonna point to any misstatement and say “he knew it was false.” You needs evidence that you didn’t know. Maybe you relied on an accountant who gave you bad numbers. Maybe you was repeating information from a business partner who turned out to be lying to you. If you can show you didn’t have the intent to deceive, irregardless of whether the statements was false, the government can’t prove fraud.

3. Immateriality

Even if you made false statements, if they wasn’t material—meaning they wouldn’t of influenced the victim’s decision—it’s not fraud. Materiality is an objective standard. It doesn’t matter if the victim says “I wouldn’t have invested if I’d known.” What matters is whether a reasonable person in that position would of been influenced by the misstatement.

Sales puffery doesn’t count. Saying “this investment is low-risk” or “you’re gonna see great returns” is opinion, not material fact. But saying “your principal is guaranteed” when it ain’t, or “we’re audited by a Big Four accounting firm” when you’re not—that’s material.

4. Constitutional Violations (Strongest Defense)

If federal agents violated you’re constitutional rights during the investigation—illegal search, no Miranda warnings, coerced statements—all the evidence they obtained gets suppressed. And if the case falls apart without that evidence, prosecutors has to dismiss.

I seen cases where the FBI executed a search warrant based off a false affidavit. The defendant filed a motion to suppress, the court granted it, and the entire case got dismissed because the government doesn’t have no other evidence. Constitutional defenses is the most powerful tool you got, irregardless of whether you actually committed the underlying conduct.

If there was any search of you’re home, office, computer, or phone—you’re lawyer needs to scrutinize that search warrant. Was there probable cause? Was the warrant overly broad? Did agents exceed the scope of the warrant? If they did, you might could get evidence suppressed, and that changes everything.

5. No Connection Between Mail Use and the Fraud

Prosecutors has to prove the mailing was for the purpose of executing the fraudulent scheme. If the mail use was incidental—like you sent a letter that happens to mention the business, but it wasn’t part of the fraud itself—that’s not mail fraud.

Example: You runs a business. You sends invoices through the mail. Later, prosecutors alleges the business was fraudulent. But the invoices itself wasn’t false—they accurately reflected services you provided, even if the overall business model was questionable. The mailing of accurate invoices doesn’t satisfy the second element of mail fraud, irregardless of what else was going on.

6. Lack of Knowledge

Maybe you worked for a company that turned out to be fraudulent, and you sent emails or mailings as part of you’re job. But you didn’t know about the fraud. You was just doing what you’re boss told you. That’s a defense, but it’s hard to prove. Prosecutors is gonna say “you should of known” or “you was willfully blind.” You needs evidence that you had no reason to suspect fraud—maybe you was a low-level employee, or you was lied to by management, or you raised concerns internally and was told everything was legitimate.

Supreme Court Just Limited Mail Fraud (In Your Favor)

Two recent Supreme Court cases has narrowed what prosecutors can charge as mail fraud, and if you’re case was charged before these decisions, you might could challenge you’re conviction or get charges dismissed. Irregardless of what you’re prior lawyer told you about finality, these cases is changing the law in ways that helps defendants.

Skilling v. United States (2010)

Skilling v. United States, 560 U.S. 358 (2010), involved “honest services fraud” under 18 U.S.C. § 1346. Before Skilling, prosecutors was charging mail fraud for any breach of fiduciary duty—self-dealing, undisclosed conflicts of interest, general misconduct by corporate executives. The statute was so broad it was unconstitutionally vague.

The Supreme Court saved the statute by narrowing it. Now, honest services fraud only covers bribery and kickback schemes. If you was charged with depriving someone of they honest services, but there wasn’t no bribery or kickback, you’re conviction might be invalid. Self-dealing without a kickback ain’t fraud under Skilling, irregardless of what the indictment says.

This matters because many, many mail fraud cases from the 2000s involved honest services theories that wouldn’t survive under Skilling. If you was convicted before 2010, or if you’re pending case involves honest services fraud, you needs to analyze whether Skilling applies.

Ciminelli v. United States (2023)

Ciminelli v. United States, 598 U.S. 306 (2023), rejected the “right to control” theory that prosecutors was using to expand mail and wire fraud. Under this theory, if you deprived someone of economic information they needed to make decisions—even if they didn’t lose money or property—that was fraud.

The Supreme Court said no. The “right to control” assets or make informed decisions is not a traditional property interest, and it can’t form the basis for a fraud conviction. You has to deprive someone of actual money or property, irregardless of whether you also deprived them of information.

Based off Ciminelli, if you’re case involves allegations that you “deprived the victim of the right to control they assets” but there wasn’t no actual loss of money or property, the charges might not hold up. This is a newer decision, and prosecutors is still adjusting they charging practices, but it’s a significant limitation on mail fraud liability.

Between you and I, these Supreme Court decisions shows that even the Court recognizes mail fraud has been stretched too far. If you’re case is based off a theory that don’t involve traditional property loss, or if it’s an honest services case without bribery, you’re lawyer should be filing motions based off Skilling and Ciminelli. Irregardless of how old you’re case is, these defenses might still apply.

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Common Mail Fraud Schemes Prosecutors Target

Understanding what types of cases federal prosecutors actually charges helps you see where you might be vulnerable. Based off what I seen over 20 years, here’s the most common mail fraud schemes:

Investment Fraud (Most Common)

Ponzi schemes, pyramid schemes, securities fraud, fake hedge funds—these is the bread and butter of federal mail fraud prosecutions. Every account statement you sends to investors is a separate count. Every email updating them on “returns” is another count. If you raised money from 50 investors and you sent monthly statements for two years, that’s 1,200 counts of mail fraud (50 investors × 24 months). Irregardless of whether you intended to pay them back, if the investment was based off false representations, it’s fraud.

Historical example: Charles Ponzi’s scheme using international reply coupons is the origin of the term “Ponzi scheme,” and he was prosecuted under the federal mail fraud statute. Bernie Madoff’s $65 billion Ponzi scheme was charged as mail and wire fraud. Even smaller schemes—$500K, $1 million—gets prosecuted federally if it involves interstate mailings.

PPP and EIDL Loan Fraud

Since 2020, PPP (Paycheck Protection Program) and EIDL (Economic Injury Disaster Loan) fraud has become a huge prosecution focus. If you submitted false information on you’re loan application—inflated payroll, fake employees, misrepresented business revenue—and the application was submitted electronically or through the mail, that’s mail fraud. And because these was federal disaster relief programs, the penalty is enhanced to 30 years per count.

Prosecutors doesn’t care if you only got $20K. They doesn’t care if “everyone was doing it.” They is charging these cases aggressively, and they stacks counts based off every communication with the lender.

Real Estate and Mortgage Fraud

Inflated appraisals, straw buyers, false income documentation, property flipping schemes—if you sent loan applications, closing documents, or appraisals through the mail with false information, it’s mail fraud. These cases often involves multiple victims (lenders, buyers, investors), which triggers sentencing enhancements.

Insurance Fraud

Filing false insurance claims, staging accidents, inflating damages—if the claim was submitted through the mail, it’s mail fraud. Even if the insurance company doesn’t pay out, the attempt is enough. I seen cases where someone filed a false claim for $10K in property damage, and because they sent follow-up letters to the adjuster, they got charged with multiple counts.

Charity Fraud

Soliciting donations for a fake charity, or diverting charity funds to personal use—if you sent solicitation letters or emails, it’s mail fraud. After natural disasters or high-profile events, prosecutors watches for charity fraud, irregardless of the amounts involved.

The common thread in all these schemes is the use of mail or interstate carriers. You might think you’re just running a business, or you made some mistakes in you’re bookkeeping, or you exaggerated a little to get a loan. But if you sent anything through the mail that was based off false statements, prosecutors can charge it as mail fraud. And because every mailing is a separate count, what starts as one bad decision becomes a multi-count federal indictment.

What You’re Gonna Pay (Legal Fees Reality)

Nobody wants to talk about what federal criminal defense actually costs, but if you’re facing mail fraud charges, you needs to know what you’re financial exposure is—not just for restitution and fines, but for legal fees. Irregardless of whether you thinks you should have to pay this much, this is what federal defense costs in 2025.

Investigation Stage: $15,000-$35,000

If you receives a target letter or a grand jury subpoena, you’re in the investigation stage. You ain’t been indicted yet, but the government is building a case. This is actually the most important stage, because early intervention can sometimes prevent charges from being filed. A experienced federal criminal defense lawyer is gonna:

  • Analyze the evidence the government has
  • Interview you and potential witnesses
  • Communicate with prosecutors (sometimes)
  • Advise you on whether to cooperate or assert Fifth Amendment rights
  • Prepare a white paper or proffer if appropriate

This work takes many, many hours, and it costs $15,000-$35,000 based off the complexity. If there’s a lot of documents to review—emails, financial records, text messages—costs goes higher.

Indictment Through Plea Deal: $25,000-$75,000

Once you’re indicted, you’re lawyer has to:

  • Review discovery (prosecutors has to turn over all evidence)
  • File pretrial motions (motion to suppress evidence, motion to dismiss counts, etc.)
  • Negotiate with prosecutors
  • Prepare for detention hearing (if you’re arrested)
  • Analyze sentencing guidelines
  • Prepare sentencing mitigation (character letters, expert reports, etc.)

Discovery in federal fraud cases is massive. I seen cases with 50,000+ pages of documents, hundreds of hours of recorded calls, emails going back years. You’re lawyer has to review all of it, irregardless of whether you think most of it is irrelevant. That takes time, and time costs money.

If you’re case is straightforward and you takes a plea deal early, you might be on the lower end ($25,000-$40,000). If there’s complex financial evidence and you goes through multiple rounds of plea negotiations, you’re looking at $50,000-$75,000, based off cases I seen.

Trial: $100,000-$250,000+

If you goes to trial, costs explodes. A federal mail fraud trial usually takes 1-3 weeks. You’re lawyer has to:

  • Prepare witnesses
  • Hire expert witnesses (forensic accountants, financial analysts—these experts charges $300-$500/hour and they needs many, many hours to review evidence and prepare testimony)
  • Prepare cross-examination of government witnesses
  • Draft jury instructions
  • Prepare opening and closing arguments
  • Be in court every day of trial

Trial costs is why most defendants takes plea deals, irregardless of whether they got a valid defense. You needs $100,000 minimum for a straightforward trial. Complex cases with multiple defendants, multiple experts, and weeks of testimony can run $200,000-$250,000 or more. And if you loses, you still owes all that money—plus you’re facing a longer sentence because of the trial penalty.

Appeals: $50,000-$100,000

If you’re convicted and you wants to appeal, that’s another $50,000-$100,000. Appeals is based off legal research and brief writing, so it’s less expensive then trial, but it still takes hundreds of hours. And federal appeals has a very low success rate—most convictions is affirmed.

Why So Expensive?

Federal criminal defense is document-intensive and time-intensive. A experienced federal lawyer charges $400-$750/hour. Reviewing 50,000 pages of discovery takes weeks. Preparing for trial takes months. Expert witnesses charges they own fees on top of attorney fees. Court appearances, motion practice, client meetings—it all adds up.

Many, many defendants doesn’t got $100K sitting around. You’re gonna need to make hard financial decisions irregardless of you’re innocence. Some defendants finances through:

  • Family loans
  • Home equity lines of credit
  • Retirement account withdrawals (with tax penalties)
  • Selling assets

It ain’t fair that you has to spend you’re life savings to defend against charges, but that’s the reality. And if you doesn’t have the resources for trial, that makes a plea deal more attractive, which is exactly what prosecutors wants.

Should You Take the Plea Deal?

This is the question every federal defendant faces, and there’s no one-size-fits-all answer. Based off many, many cases, here’s the framework for making this decision:

You Should Probably Take the Plea If:

  • The evidence against you is strong. If prosecutors has emails where you’re clearly making false statements, or cooperating witnesses who’s gonna testify you knew it was fraud, or financial records that shows you was diverting funds—you’re odds at trial is low. Between you and I, if the government can prove the scheme and the mailings, you’re gonna lose irregardless of how good you’re lawyer is.
  • Multiple co-defendants is cooperating. If other people involved in the scheme has already pled guilty and agreed to testify against you, that’s devastating at trial. Juries believes cooperating witnesses, even if they got they own reasons to lie.
  • The loss amount is high. High loss amounts drives you’re guidelines range way up. If you’re already facing 10-15 years based off the guidelines, the trial penalty could push you into the 20+ year range. That’s too much risk for most defendants.
  • You can’t afford trial. If you doesn’t have $100,000+ for trial costs, you might not be able to mount a effective defense. Going to trial with a underfunded defense is worse then taking a reasonable plea deal.
  • The plea offer is reasonable. If prosecutors is offering a sentence at the low end of the guidelines, or below the guidelines with a cooperation agreement, that might be the best outcome you’re gonna get. Don’t turn down a good offer hoping for a better one—prosecutors can withdraw plea offers, and they sometimes does if you waits too long.

You Might Should Fight If:

  • There’s a constitutional violation. If evidence was obtained illegally, and you’re lawyer thinks a suppression motion would be granted, that changes everything. Without the suppressed evidence, the government might not be able to prove they case.
  • You got a solid good faith defense. If you got contemporaneous documents—emails, business plans, expert opinions from before the alleged fraud—that shows you honestly believed what you was saying, and you disclosed material information to victims, you’re good faith defense might work at trial.
  • The government’s loss calculation is inflated. Sometimes prosecutors alleges a higher loss amount then what victims actually lost. If you’re lawyer can show the real loss is much lower, that drops you’re guidelines range significantly, which makes trial less risky.
  • Immateriality defense applies. If the alleged misstatements wasn’t material—they wouldn’t of influenced a reasonable person’s decision—you might win at trial. This is a pure legal defense that don’t depend on whether the jury likes you.
  • You got resources for a full defense. If you can afford expert witnesses, a experienced trial lawyer, and the financial hit if you loses—and you believes you’re innocent—trial might be worth it. But you has to go in with you’re eyes open about the risks.
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Irregardless of which way you’re leaning, you needs to have a honest conversation with you’re lawyer about the odds. Don’t let ego or anger drive the decision. I seen defendants turn down plea offers because they was mad at prosecutors, or because they couldn’t accept that they made mistakes. They goes to trial, loses, and gets sentenced to twice what they would of gotten under the plea. That ain’t worth it.

On the other hand, don’t plead guilty just because you’re scared. If you got a real defense, and the evidence ain’t as strong as prosecutors claims, you should consider fighting. But make sure you’re lawyer is experienced in federal trials and knows the case law on mail fraud defenses—Skilling, Ciminelli, good faith, immateriality. If you’re lawyer doesn’t even mention these defenses, you might need a second opinion.

What Happens If You’re Convicted

Whether you pleads guilty or gets convicted at trial, here’s what you’re actually facing post-conviction, irregardless of what the statute says:

Federal Prison (Not County Jail)

Federal convictions means federal prison. Federal prisons is run by the Bureau of Prisons (BOP), and they operates different from state or county facilities. You doesn’t get to stay local—BOP decides where you’re designated based off security level, program availability, and bed space. You might end up 1,000 miles from you’re family.

No Parole (Serve 85% Minimum)

Federal sentences doesn’t have parole. You serves at least 85% of you’re sentence, minus any good time credits. If you’re sentenced to 10 years, you’re doing 8.5 years minimum. There’s no early release for good behavior beyond the 15% good time reduction. Irregardless of how well you behaves in prison, you’re doing the bulk of that sentence.

Supervised Release (1-3 Years Typical)

After you’re released from prison, you goes on supervised release—basically federal probation. Typical supervised release terms for fraud is 2-3 years. You reports to a probation officer, you can’t travel without permission, you might have employment requirements, and if you violates any conditions, you goes back to prison.

Mandatory Restitution

The court must order restitution to victims. This is the full amount of they losses, irregardless of whether you can afford to pay it. The restitution order becomes a permanent lien. Even if you files bankruptcy, restitution don’t get discharged. You’re wages gets garnished, you’re tax refunds gets seized, and it follows you for life.

I seen defendants with $2 million restitution orders who was making $50K a year before they conviction. They knows they ain’t never gonna pay it off, but the court doesn’t care. The victims has a right to restitution, and you’re gonna be paying it irregardless of how long it takes.

Federal Conviction on Permanent Record

A federal fraud conviction stays on you’re record forever. It shows up on background checks. It affects:

  • Employment: Many employers won’t hire convicted felons, especially for positions involving money or trust.
  • Professional licenses: If you was a lawyer, accountant, real estate agent, financial advisor—you’re license is probably getting revoked.
  • Federal employment: You can’t work for the federal government with a fraud conviction.
  • Security clearances: Any security clearance you had is gone, and you won’t get it back.
  • Immigration consequences: If you’re not a U.S. citizen, a fraud conviction is a deportable offense and a bar to naturalization. Even lawful permanent residents (green card holders) can get deported for mail fraud, irregardless of how long they been in the country.

These collateral consequences is often worse then the prison sentence itself. You might serve 3 years and get out, but the conviction follows you for the rest of you’re life.

Why You Need a Federal Criminal Defense Lawyer NOW

If you’re under investigation, or if you been indicted, or if you even thinks you might be a target—you needs experienced federal criminal defense representation immediately. Not next week. Not after you “figure things out.” Now.

Here’s why timing matters:

Investigation Stage Is Critical

Before you’re indicted, there’s sometimes opportunities to prevent charges from being filed. A experienced lawyer can:

  • Communicate with prosecutors (if appropriate)
  • Present exculpatory evidence
  • Negotiate a non-prosecution agreement or deferred prosecution agreement
  • Advise you on whether to cooperate or assert you’re Fifth Amendment rights

Once you’re indicted, these options is mostly gone. The time to intervene is before charges is filed, irregardless of whether you thinks the investigation is serious.

Early Mistakes Can’t Be Undone

Defendants makes critical mistakes early on:

  • Talking to federal agents without a lawyer (anything you says can and will be used against you)
  • Destroying documents (obstruction of justice charge)
  • Trying to “fix” the problem by paying people back (looks like consciousness of guilt)
  • Trusting that cooperating without a lawyer will make it go away (it won’t—you’re just giving them evidence)

These mistakes is permanent. You can’t take back a statement you made to the FBI. You can’t un-destroy documents. Once the damage is done, even the best lawyer can’t fix it.

Todd Spodek’s Experience

Todd Spodek has over 20 years of federal criminal defense experience. He represented Anna Delvey in her high-profile fraud case, which was covered extensively by media and turned into a Netflix series. He handles mail fraud, wire fraud, PPP fraud, healthcare fraud, bank fraud, and federal identity theft cases nationwide.

What sets Spodek Law Group apart:

  • 24/7 availability for federal defendants. Federal investigations doesn’t wait for business hours. If the FBI shows up at you’re door at 6am, you needs a lawyer who answers the phone.
  • Nationwide federal practice. Federal cases can be prosecuted anywhere. Spodek Law Group handles cases in federal courts across the country.
  • Honest assessment of you’re case. We doesn’t take cases we doesn’t think has a real defense or mitigation strategy. You’re freedom is too important for false hope. If the evidence is strong and the best option is a plea deal, we gonna tell you that. If you got a defense worth fighting for, we gonna fight.
  • Experience with complex financial cases. Mail fraud cases often involves complex financial evidence—bank records, wire transfers, corporate structures. We works with forensic accountants and financial experts who can analyze the government’s case and find weaknesses.

What to Expect

When you contacts Spodek Law Group, here’s what happens:

  1. Free initial consultation. We’ll review you’re situation, explain what you’re facing, and discuss options. No charge for this initial conversation.
  2. Case evaluation. If we takes you’re case, we’ll conduct a thorough review of all evidence, witness statements, and legal issues.
  3. Investigation stage strategy. If you’re under investigation but not yet indicted, we’ll develop a strategy to minimize the risk of charges being filed.
  4. Plea negotiation or trial prep. If you’re indicted, we’ll negotiate with prosecutors for the best possible plea deal, or prepare for trial if that’s the right strategy.
  5. Sentencing mitigation. We’ll prepare a comprehensive sentencing package—character letters, expert reports, evidence of rehabilitation—to argue for the lowest possible sentence.
  6. Appeals if necessary. If there was legal errors at trial or sentencing, we’ll handle the appeal.

Federal mail fraud charges is serious. You’re facing years in federal prison, massive restitution orders, and a permanent criminal record. But you’re not powerless. With experienced legal representation, you can challenge the government’s case, negotiate a better outcome, or fight at trial if that’s the right decision based off the evidence.

Don’t wait until it’s too late. If you’re under investigation or facing charges under 18 U.S.C. § 1341, contact Spodek Law Group today. You’re freedom and you’re future depends on the decisions you makes right now, and you needs a lawyer who knows federal criminal defense inside and out.

Irregardless of where you’re case is—investigation, indictment, trial, sentencing, or appeal—we offers the experience and the honest advice you needs to navigate the federal system. Contact us 24/7 for immediate federal criminal defense representation.

Lawyers You Can Trust

Todd Spodek

Founding Partner

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RALPH P. FRANCO, JR

Associate

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JEREMY FEIGENBAUM

Associate Attorney

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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Criminal Defense Lawyers Trusted By the Media

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