Wire fraud and mail fraud charges

What does the law make illegal?

Both laws start with the same idea: a "scheme to defraud." That means a plan to get money or property by lying, by misleading people, or by making false promises. What differs is the tool used to carry out the plan. Mail fraud covers anything sent through the U.S. Postal Service or a private interstate carrier such as FedEx or UPS (18 U.S.C. § 1341). Wire fraud covers phone calls, emails, texts, bank wires and other electronic messages that cross state or national lines (18 U.S.C. § 1343).

To convict, the government must prove each of these things beyond a reasonable doubt:

• A scheme to defraud. The person made up or joined a plan to get money or property through false or fraudulent statements or promises.
• Intent to defraud. The person acted on purpose to deceive and cheat, not by honest mistake.
• Materiality. The lie was the kind that could affect a reasonable person's decision. The Supreme Court made this a required element in Neder v. United States, 527 U.S. 1 (1999).
• Use of the mail or a wire. Something was mailed or sent by a carrier, or an interstate wire was used, to carry out the plan. The mailing or message doesn't have to contain the lie itself. It only has to be part of carrying out the plan.

The plan doesn't have to work. The crime is the plan plus the mailing or wire, so the government doesn't have to prove that anyone actually lost money.

Limits the Supreme Court has set

• It must be about money or property. In Ciminelli v. United States, 598 U.S. 306 (2023), the Court held that depriving someone of information they need to make economic decisions is not enough on its own.
• Economic loss is not required. In Kousisis v. United States, 605 U.S. 114 (2025), the Court held that a person who uses material lies to get someone into a deal can be convicted even if they didn't mean to cause the victim a financial loss (our news post on Kousisis).
• "Honest services" fraud is narrow. A separate law lets prosecutors charge schemes to deprive someone of "the intangible right of honest services" (18 U.S.C. § 1346). The Court limited it to bribes and kickbacks in Skilling v. United States, 561 U.S. 358 (2010).

Attempt and conspiracy

Trying to commit mail or wire fraud, or agreeing with someone else to commit it, carries the same penalties as the fraud itself (18 U.S.C. § 1349). A conspiracy is an agreement between two or more people to commit a crime. Prosecutors sometimes use the general conspiracy law instead, 18 U.S.C. § 371, which has a 5-year maximum and requires proof that someone took a step (an "overt act") to carry out the plan. Section 1349's text doesn't mention an overt act. Which law is charged can change the maximum sentence a great deal.

What are the penalties?

• Prison: up to 20 years for each count of mail or wire fraud (§§ 1341, 1343). Each separate mailing or wire can be charged as its own count.
• Higher maximum: up to 30 years and a fine of up to $1,000,000 if the fraud affects a financial institution, such as a bank, or involves benefits paid in connection with a presidentially declared major disaster or emergency.
• Mandatory minimum: none. The judge can sentence anywhere from probation up to the maximum, guided by the Sentencing Guidelines and 18 U.S.C. § 3553(a).
• Fine: for an individual, up to $250,000 per felony count, or up to twice the gross gain or twice the gross loss, whichever is greater (18 U.S.C. § 3571(b), (d)).
• Restitution: in fraud cases the judge generally must order the person to repay the victims' losses (18 U.S.C. § 3663A). In Ellingburg v. United States (2026), the Supreme Court held that this restitution is criminal punishment.
• Forfeiture: the government can ask the court to take property that came from the fraud (18 U.S.C. § 981(a)(1)(C); 28 U.S.C. § 2461(c)).
• Supervised release: a period of court supervision after prison, generally up to 3 years for a 20-year felony and up to 5 years for a 30-year felony (18 U.S.C. §§ 3559(a), 3583(b)).

How long does the government have to charge it?

Generally 5 years from the offense (18 U.S.C. § 3282). If the mail or wire fraud affects a financial institution, the limit is 10 years (18 U.S.C. § 3293).

How does sentencing work for this charge?

The judge first works out the range under the federal Sentencing Guidelines, then picks a sentence after weighing the factors in 18 U.S.C. § 3553(a), such as the person's history and the need to avoid unfair differences between similar cases. The guidelines are advisory, but the judge must calculate them correctly.

Mail and wire fraud are sentenced under USSG §2B1.1. The base offense level is 7, because these crimes carry a maximum of 20 years or more. Then the dollar loss adds levels from a table. "Loss" is the greater of the actual loss or the intended loss, and actual loss means the money harm that was reasonably foreseeable.

Other common increases and decreases include:

• Victims: +2 for 10 or more victims or mass-marketing, or for substantial financial hardship to one victim; +4 or +6 for hardship to 5 or 25 or more victims (§2B1.1(b)(2)).
• Sophisticated means: +2, with a floor of level 12 (§2B1.1(b)(10)).
• More than $1,000,000 in gross receipts from financial institutions: +2 (§2B1.1(b)(17)).
• Role and trust: increases for a leadership role or for abusing a position of trust; a decrease for a minor role (USSG §§3B1.1–3B1.3).
• Acceptance of responsibility: usually 2 or 3 levels off for a timely guilty plea (USSG §3E1.1).
• Zero-point offenders: 2 levels off for some people with no criminal history points (USSG §4C1.1).

Pending at the Supreme Court. In Beaird v. United States, No. 25-5343, set for argument on October 13, 2026, the Court agreed to decide whether Stinson v. United States (1993) still states the rule for how much weight courts must give the Guidelines’ commentary, the notes that follow each guideline. The answer could affect rules on this page that come from commentary rather than from the guideline text itself.

Guideline numbers on this page are from the Guidelines Manual in effect since November 1, 2025, which no longer uses “departures”: the judge calculates the range, then weighs the factors in 18 U.S.C. § 3553(a). For more depth, see How the federal Sentencing Guidelines work, at Sentencing.net, a Criminal Center site.

Statutes covered on this page

Each federal law this page covers, listed by how often it was a statute of conviction in fiscal year 2025 (U.S. Sentencing Commission data). For each one: the official section heading, what the government must prove, the penalties, and the sentencing guideline the Commission's Statutory Index assigns to it. See all statutes by title and section.

• 18 U.S.C. § 1343
• 18 U.S.C. § 1349
• 18 U.S.C. § 1341

How do these cases usually start and move?

Fraud cases often build for months or years before anyone is charged. Agents from the FBI, the U.S. Postal Inspection Service, IRS Criminal Investigation or an agency's Office of Inspector General collect bank records, emails and business files, often by grand jury subpoena. They may interview employees, customers and business partners.

Many people first learn about the case from a visit by agents or a target letter. A "target" is someone the prosecutor or grand jury has substantial evidence linking to a crime (Justice Manual 9-11.151). Anything said to agents can be used later, and lying to a federal agent is its own crime (18 U.S.C. § 1001). That is why it helps to talk with a lawyer before answering questions.

Fraud cases often run alongside civil matters, such as an SEC or FTC case or a lawsuit by the victims. What is said in one can affect the other.

The usual stages of a federal case

1. 1Investigation. Agents gather records and interview witnesses, often using grand jury subpoenas. Someone the prosecutor views as a "target" may get a target letter before an indictment (Justice Manual 9-11.151, 9-11.153).
2. 2Charges. A federal felony is usually charged by indictment: a grand jury decides in private whether there is probable cause (Fed. R. Crim. P. 6, 7). Some cases start with an arrest on a criminal complaint.
3. 3First appearance and detention. After an arrest, the person goes before a magistrate judge without unnecessary delay (Fed. R. Crim. P. 5). The judge decides whether they are released or held until trial (18 U.S.C. § 3142).
4. 4Evidence and motions. The government must turn over certain evidence (Fed. R. Crim. P. 16). The defense can ask the court to suppress evidence or dismiss charges (Fed. R. Crim. P. 12).
5. 5Plea or trial. Many federal cases end in a guilty plea, which the judge must find knowing and voluntary (Fed. R. Crim. P. 11). At trial, the government must prove every element beyond a reasonable doubt, and a jury verdict must be unanimous (Fed. R. Crim. P. 31(a)).
6. 6Sentencing. A probation officer writes a presentence report, and each side can object in writing within 14 days of receiving it (Fed. R. Crim. P. 32). The judge then decides the sentence under 18 U.S.C. § 3553(a).

More on what to do at each stage: Facing federal charges? What to do now.

What defense issues come up in these cases?

• Intent and good faith. Did the person honestly believe what they said? Honest belief goes to intent to defraud. Relying on a lawyer's or accountant's advice after telling them all the facts can bear on intent.
• Materiality. Was the statement the kind that could affect a reasonable decision, or was it sales talk no one would rely on?
• Money or property. After Ciminelli, was the plan really aimed at money or property, or only at information or control?
• The mailing or wire. Was it actually used to carry out the plan? For wire fraud, did the message cross state or national lines?
• Which law and how many counts. Was the case charged under § 1349 or § 371, and is the same conduct split into too many counts?
• Loss amount. At sentencing, the loss figure often matters more than anything else. How was it calculated, was it foreseeable, and what did victims get back?
• Time limits and place. Was the case brought within the statute of limitations, and in a district where part of the crime happened?
• Digital evidence. Were email accounts, phones and cloud data searched under valid warrants?

Every case turns on its own facts. These are issues to look at, not predictions about how any case will turn out.

What happens after a conviction?

• Appeal. A notice of appeal is usually due within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). Many plea agreements waive the right to appeal, but in Hunter v. United States (2026) the Supreme Court held that a waiver can’t be enforced when doing so would cause a miscarriage of justice, a high bar. See federal appeals at Sentencing.net.
• A § 2255 motion. A motion asking the sentencing court to vacate, set aside or correct the sentence, for example for ineffective assistance of counsel. It is usually due within one year after the conviction becomes final (28 U.S.C. § 2255(f)). See 2255motion.com.
• Compassionate release. A motion asking the judge to reduce a prison sentence for extraordinary and compelling reasons, filed after the person asks the warden and either exhausts BOP appeals or waits 30 days (18 U.S.C. § 3582(c)(1)(A)). It can’t be used to attack the validity of the conviction itself (Fernandez v. United States (2026)). See CompassionateRelease.com.
• Clemency. The President can pardon a federal offense or commute (shorten) a federal sentence (U.S. Const. art. II, § 2). See Clemency.com.