Understanding the charges against you is an important part of developing a sound defense strategy. Wire fraud and mail fraud are both crimes that fall under federal jurisdiction and share a lot of similarities. There are key differences that impact how prosecutors will build their case against you and how your attorney will defend you.
What Is Wire Fraud Under Texas and Federal Law?
Wire fraud is defined in 18 U.S.C. § 1343 and covers cases where the defendant has engaged in a scheme to commit fraud through interstate wire, radio, or television communications.
Common Examples of Wire Fraud
Wire fraud comes in many forms. Today, some of the most common wire fraud prosecutions include:
- Business Email Compromise
- Real Estate Wire Fraud
- Phishing Attacks
- Overpayment Scams
- Romance and Emergency Scams
How Wire Fraud Is Investigated and Charged
Wire fraud is investigated by federal agencies. To build their case, the investigating agency will use digital forensics, financial records analysis, and wiretaps. To secure a conviction, prosecutors must prove you:
- devised a scheme to defraud
- intended to commit that fraud
- used interstate wire communications to aid in the fraud
Given that most electronic communications cross state lines as they move through network servers, the interstate element is easily satisfied.
What Constitutes Mail Fraud in a Texas Case?
Mail fraud is defined in 18 U.S.C. § 1341 and covers cases pertaining to fraud that has been facilitated through the U.S. Postal Service or private interstate carriers like FedEx and UPS.
Mail Fraud is Broadly Interpreted
The courts allow for an expansive interpretation of mail fraud. Even mailings that don’t include false information themselves can satisfy the mailing requirement if they are connected to the fraudulent scheme.
Jurisdiction and Legal Consequences
Because mail fraud happens through interstate carriers, it’s inherently covered by federal jurisdiction. The consequences of committing mail fraud include prison, fines, and a requirement to make restitution to the victim.
Key Differences Between Wire Fraud and Mail Fraud
Mode of Communication
The primary difference between the two forms of fraud lies in the mode of communication. Wire fraud happens through electronic means, while mail fraud happens through physical mail using an interstate carrier.
Proving Intent and Jurisdiction
Both forms of fraud require proof of intent to defraud and the use of communication to aid in the scheme. As discussed earlier, jurisdiction for mail fraud is inherent in the use of an interstate carrier. Though most electronic communications rely on data passing between states, it presents a small but meaningful barrier.
What Are the Statutes of Limitations for Wire Fraud and Mail Fraud?
Here is an area where the two are similar. For most cases, 18 U.S.C. § 3282 sets out a statute of limitations of five years. If the fraud includes a financial institution, that limit is extended to ten years under 18 U.S.C.§3293.
What Are the Penalties for Mail and Wire Fraud in Texas?
Prison Sentences and Fines
Both crimes carry the potential for a prison sentence of up to 20 years per count. If an individual is convicted, the fines can go up to $250,000, while organizations face fines up to $500,000. Fraud affecting a financial institution carries stiffer penalties, including prison sentences up to 30 years and fines up to $1 million.
Restitution and Asset Seizure
If you’re convicted of wire or mail fraud, you’ll be ordered to pay restitution to the victim. Your ability to pay is not considered in this judgment. To aid in making restitution, the government may seize criminal proceeds, property used in the crime, or other assets. This can include any property obtained through money received as part of the fraud.
Facing Fraud Charges in Texas? Turn to SKJ Law for Strategic Defense
If you’re facing federal fraud charges, you need immediate and experienced legal representation. SKJ Law has expertise in both wire fraud and mail fraud. Our expert attorneys can help you develop the best defense strategy. It’s important that you reach out quickly to allow time for a comprehensive case evaluation and defense planning. Contact us today to learn how we can help.
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