Two of the most frequently charged federal crimes are mail fraud and wire fraud. While they both involve deception for personal gain, the differences between them can significantly impact how cases are prosecuted and defended. This article explains the distinctions between federal mail fraud and wire fraud charges, including how they are defined, and the strategies used by experienced federal white-collar criminal defense lawyers to defend those indicted on these charges.
Stechschulte Nell, Attorneys at Law in Tampa takes great pride in its long history of successful federal defenses. We believe that everyone should understand the law as fully as possible, not only to conform their behavior, but also to know their legal rights. If you are under investigation or already indicted for mail fraud or wire fraud, contact Stechschulte Nell for reliable, experienced legal defense representation.
The Legal Definitions of Mail Fraud & Wire Fraud
Mail Fraud: Mail fraud is a federal crime codified under 18 U.S.C. § 1341. It involves using the United States Postal Service (USPS) or any private or commercial interstate carrier to commit acts of fraud. If you use mail services to execute or attempt to execute a scheme to defraud or obtain money or property by false or fraudulent pretenses, representations, or promises, you can be charged with mail fraud.
Wire Fraud: Wire fraud, on the other hand, is defined under 18 U.S.C. § 1343. This charge pertains to the use of interstate communications, including telephone, email, internet, radio, and television, to carry out fraudulent schemes. Like mail fraud, wire fraud requires the existence of a scheme to defraud someone or obtain money or property by false pretenses, representations, or promises. However, the critical element here is the use of wire, radio, or television communications in interstate or foreign commerce instead of mail or another commercial carrier.
The primary difference between mail and wire fraud lies in the method used to commit the fraud. Mail fraud involves the use of mailing systems, while wire fraud involves electronic communications. This distinction is crucial because it determines the jurisdiction and specific statutes under which charges are brought. Also, while both crimes are considered federal offenses because of their common element requiring the use of interstate commerce systems, the specific regulations and precedents that apply to each offense can vary. That means that the prosecution and defense strategies will need to be adapted to the law specifically applying to the offense charged.
Mail Fraud and Wire Fraud Penalties and Sentencing
The penalties for federal mail and wire fraud are similar and severe.
A mail fraud conviction can result in up to 20 years in prison and a large fine. If the mail fraud involved any benefit relating to a presidentially declared disaster or involves a financial institution, then the maximum sentence for each count can increase to 30 years and a $1,000,000 fine.
Wire fraud convictions carry the same penalty as mail fraud convictions, including the enhancement of the 20-year sentence into a 30-sentence and a $1 million fine if the crime involves a funds or other benefits related to a presidentially declared disaster or emergency or a financial institution.
As with virtually all federal sentences following a conviction, the exact penalties a defendant can expect depend heavily on the specifics of the case. Important factors in determining the sentence include the amount of money involved, the number of victims, and the defendant’s criminal history.
Defense Strategies for Mail and Wire Fraud
The distinction between mail and wire fraud can significantly influence defense strategies. An experienced federal white-collar criminal defense lawyer may challenge whether the communication method used in the alleged fraud sufficiently meets the statutory requirements for either mail or wire fraud. For example, the defense might argue that the communications did not cross state lines and is therefore not a basis for federal jurisdiction.
The skilled defense strategy will also focus on challenging the evidence of intent. Fraud requires a criminal intent on the part of the defendant. The prosecution must prove beyond a reasonable doubt that the defendant knowingly and willfully engaged or attempted to engage in a scheme to deceive the victim. In some cases, demonstrating that the defendant had no direct role in the mailing or electronic communication or believed in the legitimacy of the transactions involved can be pivotal.
Recent Legal Developments and Case Law
Recent legal developments in technology have expanded interpretations of what constitutes “mail” and “wire” communications, especially with the advent of digital technology and the internet. Courts have increasingly recognized various forms of electronic communication, including emails and online transactions, as falling under the ambit of wire fraud.
However, at the same time, the U.S. Supreme Court has limited the application of the mail fraud and wire fraud statutes to cases involving “traditional property interests.” (Ciminelli v. United States, 143 S. Ct. 1121 – 2023). In another 2023 case, the Court reversed the conviction of a private citizen whom the government had charged with that the government’s conviction of a private citizen of wire fraud because the trial judge had misinformed the jury about the law applying to a private citizen’s duty to provide “honest services” to the public. The court did not explain what would constitute a private citizen’s criminal denial of honest services, but it did declare that it was not merely “dominating” government officials. (Percoco v. United States, 143 S. Ct. 1130 – 2023).
Getting Experienced Criminal Defense Is Essential
While both charges involve fraud allegedly committed through different means—mail and electronic communications—they share the core element of intending to deceive someone to unlawfully obtain money or property.
If you are under investigation or indicted on charges of mail fraud or wire fraud, you need the help of an experienced federal criminal defense lawyer who can build a comprehensive legal strategy and is prepared bring years of knowledge and courtroom practice to your defense. The practice of criminal defense law requires a precise understanding of the substantive and procedural laws that apply to each client’s case.
Stechschulte Nell, Attorneys at Law is Florida’s mail fraud and wire fraud criminal defense firm. We bring our extensive knowledge of the law and our courtroom skills to present the most vigorous advocacy possible on your behalf. Give our team a call today for experienced criminal defense at your side.
