Federal fraud charges are not the same as a state fraud case. When the government alleges that mail, wires, or a bank were used to carry out a scheme to defraud, the case is prosecuted by the U.S. Attorney's Office, investigated by agencies like the FBI, IRS-CI, or Postal Inspection Service, and tried under federal statutes that carry substantial prison exposure. These cases often involve complex financial records, multiple defendants, and lengthy pre-indictment investigations before charges are ever filed.
The most commonly charged federal fraud statutes are mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), and bank fraud (18 U.S.C. § 1344). Federal prosecutors also routinely add a conspiracy or attempt count under 18 U.S.C. § 1349. If you are under investigation or have been charged with a federal fraud crime in Maryland or Virginia, the statutes below explain what the government must prove and what the law itself says about sentencing exposure.
If you've been accused of a federal fraud crime and need an experienced criminal defense lawyer, contact us online or call (410) 995-1515 for a free initial consultation.
Federal Mail Fraud (18 U.S.C. § 1341)
Mail fraud applies when a person devises or intends to devise a scheme or artifice to defraud, or to obtain money or property by means of false or fraudulent pretenses, representations, or promises, and uses the United States Postal Service or a private or commercial interstate carrier to carry out that scheme. The statute does not require that the mailing itself contain a false statement, only that it further the underlying scheme.
As written in 18 U.S.C. § 1341, the statutory penalty structure is:
- Standard violation: a fine under Title 18, or imprisonment of not more than 20 years, or both.
- Enhanced violation, where the offense affects a financial institution or occurs in relation to a presidentially declared major disaster or emergency: a fine of not more than $1,000,000, or imprisonment of not more than 30 years, or both.
Federal Wire Fraud (18 U.S.C. § 1343)
Wire fraud mirrors mail fraud, but instead of the mail, the government must show that the defendant transmitted or caused to be transmitted, by means of wire, radio, or television communication in interstate or foreign commerce, writings, signs, signals, pictures, or sounds for the purpose of executing a scheme or artifice to defraud, or to obtain money or property by false or fraudulent pretenses, representations, or promises. Because so much communication today happens by phone, email, or electronic transfer, wire fraud is one of the most frequently charged federal offenses.
As written in 18 U.S.C. § 1343, the statutory penalty structure is:
- Standard violation: a fine under Title 18, or imprisonment of not more than 20 years, or both.
- Enhanced violation, where the offense affects a financial institution or occurs in relation to a presidentially declared major disaster or emergency: a fine of not more than $1,000,000, or imprisonment of not more than 30 years, or both.
Federal Bank Fraud (18 U.S.C. § 1344)
Bank fraud is charged when a person knowingly executes, or attempts to execute, a scheme or artifice (1) to defraud a financial institution, or (2) to obtain any of the moneys, funds, credits, assets, securities, or other property owned by, or under the custody or control of, a financial institution, by means of false or fraudulent pretenses, representations, or promises. Unlike mail and wire fraud, bank fraud does not require use of the mail or wires at all. It is charged based on the target of the scheme, a bank or other financial institution.
As written in 18 U.S.C. § 1344, the statutory penalty applies at a single level, with no separate enhanced tier: a fine of not more than $1,000,000, or imprisonment of not more than 30 years, or both.
Attempt and Conspiracy (18 U.S.C. § 1349)
Federal prosecutors frequently add an attempt or conspiracy charge alongside a substantive fraud count. Under 18 U.S.C. § 1349, a person who attempts or conspires to commit any offense under the federal fraud chapter is subject to the same penalties as those prescribed for the underlying offense itself. There is no reduced penalty range for an attempt or conspiracy charge, it carries the same statutory exposure as the completed crime the government alleges was the object of the scheme.
Contact Our Maryland & Virginia Federal Fraud Defense Attorneys Today
Federal fraud investigations can move slowly and quietly before an indictment is ever returned, and by the time charges are filed, the government has often already built its case. If you have been contacted by federal agents, received a target letter, or been charged with mail fraud, wire fraud, bank fraud, or a related conspiracy count, it is important to speak with an attorney before making any statements. Our firm handles federal criminal defense matters in the U.S. District Court for the District of Maryland (D. Md.) and the U.S. District Court for the Eastern District of Virginia (E.D. Va.). Every case is different, and nothing on this page is a substitute for individualized legal advice about your specific situation. If you are involved in an active federal investigation, consult an attorney before speaking with agents or prosecutors.
