Last Updated on: 20th October 2023, 09:45 am

Fighting Federal Mail and Wire Fraud Charges: An Attorney’s Guide

Getting charged with federal mail or wire fraud can be scary. The penalties are harsh, and the laws are complicated. Where do you even start in fighting the charges? As a defense attorney whose defended tons of clients against these charges, I’m here to help walk you through it. I’ll explain exactly what mail and wire fraud are, potential penalties, and most importantly—how an experienced attorney can defend you.

What is Federal Mail and Wire Fraud?

Mail and wire fraud laws are broad federal statutes that make it a crime to use the mail or electronic communications to commit fraud. Let’s break it down:

• Mail fraud laws prohibit any schemes to defraud that involve the postal service or private delivery services like FedEx or UPS.
• Wire fraud laws prohibit schemes that use telephone, radio, television, internet, or other electronic communications to commit fraud.

So in simple terms, if you use mail, email, phone calls, texts, etc. to commit fraud, you could face charges. There’s no requirement that you actually succeed in defrauding someone either. Just attempting or planning the scheme is enough to violate the law.

What Kind of Penalties Are We Talking?

The penalties for federal mail and wire fraud are no joke:

• Up to 20 years in federal prison per count.
• Massive fines up to $250,000 per count.
• Probation and restitution.

With the ability to stack multiple counts, penalties can add up quick. That’s why having an experienced federal criminal defense attorney is so important.

How Can a Lawyer Defend Against the Charges?

While mail and wire fraud cases can be tough to beat, there are defenses an attorney can use to get charges reduced or dismissed. Here are some of the most common strategies:

Argue you had no intent to defraud

An essential element of the charges is intent to defraud. As a defense attorney, I’ll scrutinize the evidence to see if there’s any way to argue you never intended to deceive or cheat anyone. For example, if it was an honest business deal gone bad, we can potentially fight the charges by showing you acted in good faith.

Challenge how the communications were used

Another defense angle is challenging how the communications were actually used to further the “scheme”. If the emails, phone calls, mailings etc. were innocent or not material to the alleged fraud, we can argue they don’t really constitute wire or mail fraud. I recently defended a client by showing the emails cited in his indictment were just routine business communications unrelated to fraud. Charges dismissed!

Argue the scheme wasn’t really fraudulent

In some cases, we may contest whether there was any fraudulent scheme at all. For example, if it was a legitimate business deal that the government is mischaracterizing as fraud, we can fight the charges that way. I defended a client accused of real estate investment fraud by showing the deals, although aggressive, were legal and that investors were paid as promised. No fraud, no crime. Charges reduced to a misdemeanor.

Challenge flaws in the investigation

As your attorney, I’ll aggressively scrutinize the investigation for any flaws, mistakes, missing evidence or other weaknesses. For example, if the search warrant had errors, evidence was mishandled, or witnesses gave inconsistent statements, we can seek to get evidence thrown out or charges dismissed. Just recently, I defended a client by getting wiretap evidence tossed because the warrant wasn’t properly signed—case dismissed.

Bottom Line

Fighting federal fraud charges takes an experienced attorney, but solid defenses are possible. Don’t go it alone against the power of the government. Call me for a free case evaluation and learn how I can put my 15+ years of experience to work defending you. I’ll carefully review the evidence, explain your options, and fight tirelessly to get your charges reduced or dismissed. My track record of victories speaks for itself—let me help you put this nightmare behind you.

Sources: 18 U.S. Code § 1341 – Mail fraud, 18 U.S. Code § 1343 – Fraud by wire, radio, or television, DOJ Mail Fraud Elements