Wire fraud and mail fraud are the federal government’s most widely used fraud charges. Almost any scheme to obtain money or property by deception can be charged under them, because almost every scheme involves an email, a text, a phone call, a bank transfer, or a mailing.
This guide covers what the government must prove under 18 U.S.C. §§ 1341 and 1343, the penalties, how charges are counted, and how these cases are defended in the Eastern and Western Districts of Missouri.
The elements
What does the government have to prove for wire fraud?
A scheme, intent, a material deception, and a wire or mailing used to carry it out.
- A scheme to defraud or to obtain money or property by false or fraudulent pretenses, representations, or promises.
- Intent to defraud. The person acted knowingly and with the specific intent to deceive and cheat. An honest mistake, bad business judgment, or a broken promise is not fraud by itself.
- Materiality. The false statement or omission had to be capable of influencing the decision of the person deceived.
- Money or property. The object of the scheme must be money or property. The Supreme Court has rejected theories that stretch “property” to cover things like a right to control one’s own decisions (Ciminelli v. United States, 2023).
- A wire or mailing. For wire fraud, an interstate wire communication used to execute the scheme. For mail fraud, use of the mail or a private interstate carrier. The person does not have to send it personally; causing it is enough.
Penalties
What is the sentence for wire fraud?
Up to 20 years per count, or 30 years in some cases.
Wire fraud and mail fraud each carry a maximum of 20 years in prison per count. If the offense affects a financial institution, or involves benefits connected to a presidentially declared disaster or emergency, the maximum is 30 years and a fine of up to $1,000,000. A conspiracy to commit either offense carries the same penalties under 18 U.S.C. § 1349.
Each separate wire or mailing can be charged as its own count, which is why fraud indictments often have many counts. In practice, the sentence is driven by the Sentencing Guidelines, where the amount of loss is usually the most important factor, along with things like the number of victims and the use of sophisticated means.
Restitution is mandatory for most federal fraud offenses. Paying it back, before or after charges, does not by itself end the criminal case.
Common cases
What kinds of cases are charged as wire or mail fraud?
A wide range, from small businesses to government programs.
Employment and business
Embezzlement from an employer, false invoices, payroll schemes, and misrepresentations to investors or customers.
Loans and benefits
False statements on loan applications, pandemic relief and unemployment benefits, and other government program fraud.
Health care and insurance
Billing schemes and false claims, sometimes charged alongside health care fraud statutes.
Online and romance schemes
Internet sales, romance and investment scams, and schemes where money moves through accounts belonging to others.
Defenses
How do you defend a federal fraud charge?
Most fraud cases turn on intent and on what the documents really show.
- Good faith. A person who honestly believed their statements were true, or that the venture would succeed, lacks the intent to defraud.
- Materiality and reliance. Statements that could not have influenced a reasonable decision-maker are not material.
- Knowledge. In schemes with many participants, the government must prove each person knew about the fraud and joined it.
- Property. If the scheme did not aim at money or property in the legal sense, the charge fails.
- Statute of limitations. Generally five years, but ten years if the offense affects a financial institution.
The early days matter most. What a person says to investigators or to an employer’s HR department, and what happens to records, can decide the case.
If you are under investigation, see what not to do in a federal fraud investigation and target letters and grand jury subpoenas. If identity information is involved, see aggravated identity theft under 1028A. When a bank is involved, see federal bank fraud.
FAQ
Wire and mail fraud questions
What is the difference between wire fraud and mail fraud?
The elements are the same except for the method used to carry out the scheme: interstate wire communications for wire fraud, the mail or a private interstate carrier for mail fraud. The penalties are the same.
Is wire fraud a felony?
Yes. It carries up to 20 years per count, or up to 30 years if a financial institution or disaster benefits are involved.
Does a single email count as wire fraud?
A single interstate wire used to carry out a scheme to defraud can support a count. Each additional wire can be charged separately.
If I pay the money back, will the charges go away?
Not by itself. Repayment can matter in negotiations and sentencing, but it does not erase the offense, and restitution is mandatory in most federal fraud cases.
What is the statute of limitations for wire fraud?
Generally five years. It is ten years if the offense affects a financial institution.
See our federal criminal defense page, or call 573-638-8529.
Talk to us
Fraud cases are built on documents. So is the defense.
If you are under investigation or charged with federal fraud in Missouri, call before you talk to anyone about it.
Attorney advertising. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This article is general information about federal fraud law as of October 2026, not legal advice, and it does not create an attorney-client relationship. The outcome of any case depends on its facts.
© 2026 Vindex Law, PC · 235 East High Street, Suite 102, Jefferson City, MO 65101