Mail and Wire Fraud Defense Attorneys in Washington, DC
Mail and wire fraud are among the most commonly charged federal offenses in the United States. These statutes are extremely broad and allow prosecutors to reach almost any scheme involving misrepresentation, electronic communication, or the U.S. mail. Because of their wide scope, mail and wire fraud charges frequently appear alongside other federal offenses, including securities fraud, government contracting fraud, PPP fraud, health care fraud, and money laundering.
Mail and wire fraud cases can be complex, involving extensive documentation, financial records, digital communications, and questions about a defendant’s intent.
What Are Mail and Wire Fraud?
Mail Fraud (18 U.S.C. § 1341): Mail fraud occurs when someone uses the United States Postal Service (USPS) or a private mail carrier (such as FedEx or UPS) as part of a scheme to defraud. The mailing does not need to be fraudulent in itself—any mailing “in furtherance of” the scheme can satisfy the statute.
Wire Fraud (18 U.S.C. § 1343): Wire fraud is similar but involves electronic or interstate communications. Wire fraud is one of the government’s most versatile charges, often used whenever electronic communication is associated with alleged wrongdoing. Wire fraud often includes communications such as:
- Phone calls and text messages
- Online platforms
- Bank wires
- Websites
- Social media communications
In both statutes, the key elements are:
- A scheme to defraud
- Use of mail or wires to further that scheme
- Intent to obtain money or property through deception
The government does not need to prove the scheme was successful, only that the defendant intended to defraud.
Why Do Prosecutors Use Mail and Wire Fraud So Frequently?
Mail and wire fraud statutes are extremely powerful because they allow prosecutors to charge conduct across:
- Multiple states
- Digital communications
- Business transactions
- Government programs
- Financial markets
They also provide a lengthy statute of limitations and can be tied to almost any economic or financial crime. As a result, federal agencies routinely use these charges in:
- Investment and securities fraud cases
- PPP and COVID-relief investigations
- Government contracting fraud
- Health care fraud
- Tax fraud and IRS investigations
- Bribery and kickback schemes
- Public corruption
- Cryptocurrency fraud
- Identity theft
Mail and wire fraud often serve as the “backbone” of a federal indictment, with other counts built around them.
Penalties for Mail and Wire Fraud
Mail and wire fraud carry some of the most serious penalties in federal law.
Standard Penalty
- Up to 20 years in federal prison
- Large fines
- Restitution
- Forfeiture of assets
Enhanced Penalty (If a Financial Institution Is Affected)
If the alleged scheme affects a bank, credit union, or financial institution, penalties increase to:
- Up to 30 years in prison
- Up to $1,000,000 in fines
Collateral Consequences
Convictions for mail or wire fraud may also lead to:
- Loss of professional licenses
- Employment consequences
- Immigration issues
- Debarment from government contracting
- Civil lawsuits
Because penalties can be severe, early and strategic counsel is critical.
Common Allegations in Mail and Wire Fraud Cases
Mail and wire fraud charges may arise from accusations such as:
Misrepresentations in Business Dealings. Including disputes about contracts, services rendered, or financial performance.
False Statements to Government Agencies. Seen in PPP cases, SBA loans, government contracting, and procurement fraud.
Securities and Investment Fraud. Including alleged Ponzi schemes, misleading investors, or trading misconduct. See our securities fraud page.
Health Care Billing and Insurance Issues. Where electronic billing or mailed invoices are used. See our health care fraud page.
Cybercrime and Online Schemes. Email-based schemes, identity theft, or phishing allegations.
Government Program Fraud. Including allegations involving Medicare, Medicaid, or federal contracts.
Public Corruption or Bribery. Where emails or wire transfers are part of the investigation.
These examples illustrate the broad reach of mail and wire fraud statutes, which is why they appear so often in federal indictments.
Pre-Indictment Representation
The earlier you retain counsel in a mail or wire fraud investigation, the more opportunities your attorney has to:
- Communicate with prosecutors
- Clarify misunderstandings
- Limit the scope of subpoenas
- Avoid self-incrimination during interviews
- Prevent charges from being filed
If you receive a target letter, grand jury subpoena, or a visit from federal agents, consult counsel immediately. See Should I Speak to Law Enforcement?
Experienced Federal Mail and Wire Fraud Defense Attorneys
Mail and wire fraud are among the most serious and far-reaching federal charges. A conviction can result in years of imprisonment and life-changing consequences. If you are under investigation or have been charged, you need experienced counsel who understands the complexities of federal fraud law.
At Burnham & Gorokhov, PLLC, we represent clients across the country in federal mail and wire fraud cases, as well as related charges involving money laundering, securities fraud, PPP loans, and government contracting. In many cases, we have resolved investigations before charges were filed.