Criminal Law Blog
Wire Fraud Statute of Limitations: How Long the Federal Government Has to Charge You
The wire fraud statute of limitations is five years under 18 U.S.C. 3282, but it stretches to ten years when the fraud affects a financial institution under 18 U.S.C. 3293. The clock does not start when the scheme began. Each charged wire is its own offense, and each one runs on its own clock from…
Wire Fraud Penalties: Prison Time, Fines, and What to Expect at Sentencing
A wire fraud conviction under 18 U.S.C. § 1343 carries up to 20 years in federal prison and fines up to $250,000 per count, or up to 30 years and $1,000,000 per count if the fraud affects a financial institution. But the statutory maximum is not where most sentences land. The federal Sentencing Guidelines are…
What Is Wire Fraud? A Federal Criminal Defense Guide to 18 USC 1343
Wire fraud under 18 U.S.C. § 1343 is a federal felony that criminalizes any scheme to defraud another person out of money or property when the scheme involves electronic communications that cross state lines. A conviction carries up to 20 years in federal prison per count, and each email, phone call, or text message connected…
Wire Fraud Loss Calculation Under USSG 2B1.1: How the Government Inflates Your Exposure
The wire fraud loss calculation under USSG §2B1.1 is often the most consequential number in a federal wire fraud case because it can drive the sentencing range more than any other single factor, and prosecutors may seek to maximize it by relying on intended loss rather than actual loss. A two-level shift in the loss…
Mail and Wire Fraud: What Makes Them Different and Why Prosecutors Charge Both
Mail fraud and wire fraud are essentially the same crime with one critical difference: how the communication was sent. Mail fraud under 18 U.S.C. § 1341 covers the U.S. Postal Service or private carriers like FedEx, while wire fraud under 18 U.S.C. § 1343 covers electronic communications such as emails, phone calls, and text messages….
Honest Services Wire Fraud: The Most Controversial Federal Fraud Charge, Explained
Honest services wire fraud, defined in just 28 words under 18 U.S.C. § 1346, is one of the most controversial charges in federal criminal law, criminalizing schemes to deprive another person of the intangible right of honest services through bribes or kickbacks. After the Supreme Court drastically narrowed the statute in Skilling v. United States…
Bank Fraud vs. Wire Fraud vs. Mail Fraud: How Federal Prosecutors Stack Charges
Bank fraud, wire fraud, and mail fraud are three separate federal statutes that prosecutors regularly charge together when a single scheme involves a bank, electronic communications, and physical mailings. The critical difference for defendants is the penalty ceiling: bank fraud under 18 U.S.C. § 1344 carries a maximum sentence of 30 years in federal prison…
Federal Wire Fraud vs. State Fraud Charges: Why It Matters Where Your Case Is Filed
Wire fraud is a federal crime under 18 U.S.C. § 1343, and the court where your fraud case is filed changes nearly everything about how it will be handled. Federal wire fraud carries up to 20 years in prison per count, and federal courts convict at a rate that far exceeds state courts. State fraud…
How a Single Email Creates Federal Jurisdiction in Wire Fraud Cases
A single email, text message, or phone call can give the federal government jurisdiction over what would otherwise be a state fraud case, and understanding how this happens is one of the most important things anyone facing wire fraud allegations needs to know. Under 18 U.S.C. § 1343, the federal wire fraud statute criminalizes the…
Conspiracy to Commit Wire Fraud: How 18 USC 1349 Expands Liability Beyond the Person Who Sent the Wire
Conspiracy to commit wire fraud under 18 U.S.C. § 1349 carries the same penalties as the completed crime, up to 20 years in federal prison per count. The statute does not require the government to prove that any fraud actually occurred. It does not require proof that the defendant personally sent a single email, made…
