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Mail & Wire Fraud Attorney | San Diego & Federal Cases Nationwide

Mail fraud and wire fraud are among the federal fraud statutes prosecutors use most often. Both statutes are broad, both can be charged count by count, and both carry a maximum of 20 years in federal prison, or 30 years in some cases. If you have been contacted by a federal agent, received a subpoena or target letter, or been charged, it is important to understand what the government must actually prove and what can still be done.

Federal agencies are increasing fraud enforcement. Read how federal fraud investigations work and what to do if contacted.

Vikas Bajaj is a San Diego criminal and white-collar defense attorney. The Law Office of Vikas Bajaj, APC represents clients in federal investigations and prosecutions across the United States. For many years, Vikas Bajaj has worked with clients before charges are filed, with the goal of keeping a case from being filed at all. In federal matters that work can include coordinating with the investigating agents and the Department of Justice prosecutors before an indictment; in California matters, with state law enforcement and the prosecutor before a charging decision. No particular result can be promised, but pre-charge advocacy is only possible if counsel is involved before that decision is made.

What Is Mail and Wire Fraud?

Mail fraud is defined in 18 U.S.C. § 1341. It covers a scheme to defraud, or to obtain money or property by false or fraudulent pretenses, representations, or promises, when the person uses the U.S. Postal Service or a private or commercial interstate carrier (such as an overnight delivery company) for the purpose of executing the scheme.

Wire fraud is defined in 18 U.S.C. § 1343. It covers the same kind of scheme when the person transmits, or causes the transmission of, any writing, sign, signal, picture, or sound by wire, radio, or television communication in interstate or foreign commerce for the purpose of executing the scheme. In practice, that can include emails, text messages, phone calls, online submissions, and electronic fund transfers that cross state or national lines.

Because modern business runs on email and electronic payments, wire fraud is now charged far more often than mail fraud. The two are frequently charged together, along with conspiracy.

Understanding the Elements of Federal Fraud Charges

To convict a person of mail or wire fraud, the government must prove each element beyond a reasonable doubt. Drawing on the statutory text and Supreme Court decisions, the core elements are:

  • A scheme to defraud, or a scheme to obtain money or property by false or fraudulent pretenses, representations, or promises.
  • Money or property as the object of the scheme. The Supreme Court has held that the fraud statutes protect traditional property interests. In Ciminelli v. United States, 598 U.S. 306 (2023), the Court rejected the so-called right-to-control theory, which had treated the loss of potentially valuable economic information as enough.
  • Materiality. The false statement or omission must be material. In Kousisis v. United States, 605 U.S. 114 (2025), the Court reiterated that materiality of falsehood is an element of, and a limit on, the federal fraud statutes (citing Neder v. United States, 527 U.S. 1 (1999)).
  • Intent to defraud. The person must have acted with the intent to deceive and to obtain money or property. Honest mistakes, good-faith belief, and ordinary business disputes are not the same as intent to defraud.
  • Use of the mail, an interstate carrier, or an interstate or foreign wire for the purpose of executing the scheme.

Kousisis also held that a person who induces a victim to enter a transaction under materially false pretenses can be convicted even if the person did not intend to cause the victim a net economic loss. That makes careful attention to materiality and intent even more important in the defense.

Because the offense is tied to each use of the mail or a wire for the purpose of executing the scheme, an indictment may contain many counts, one for each mailing or transmission the government identifies.

Penalties for Mail and Wire Fraud Convictions

The statutory penalties are set by the statutes themselves:

  • Up to 20 years in federal prison for each count of mail fraud or wire fraud.
  • Up to 30 years and a fine of up to $1,000,000 if the violation affects a financial institution, or if it occurs in relation to, or involves, any benefit authorized, transported, transmitted, transferred, disbursed, or paid in connection with a presidentially declared major disaster or emergency (as defined in the Stafford Act, 42 U.S.C. § 5122).
  • Fines. Where the statute says only “fined under this title,” the general federal fine statute applies: up to $250,000 for an individual felony, or up to twice the gross gain or twice the gross loss (18 U.S.C. § 3571).
  • Conspiracy and attempt under 18 U.S.C. § 1349 carry the same penalties as the underlying offense. See our page on 18 U.S.C. § 1349 mail and wire fraud conspiracy.
  • Restitution and forfeiture may also be ordered, along with supervised release after any prison term.

These are statutory maximums, not predictions. In federal court, fraud sentences are usually calculated under the U.S. Sentencing Guidelines, where §2B1.1 increases the offense level as the loss amount rises (see the U.S. Sentencing Commission’s Guidelines Manual). How loss is measured, and whether it is overstated, is often one of the most important issues in a fraud case.

How long does the government have to bring charges?

The general federal statute of limitations is five years (18 U.S.C. § 3282). For mail or wire fraud that affects a financial institution, the period is 10 years (18 U.S.C. § 3293). For fraud by borrowers involving COVID-era PPP loans and COVID EIDL loans and advances, Congress set a 10-year period in 2022. See our EIDL loan fraud page.

Mail and Wire Fraud Cases in the Southern District of California

Federal cases that arise in San Diego and Imperial Counties are filed in the U.S. District Court for the Southern District of California, which holds court in San Diego and El Centro (28 U.S.C. § 84(d)). They are prosecuted by the U.S. Attorney’s Office for the Southern District of California (SDCA).

Investigations in this district may be run by the FBI, the U.S. Postal Inspection Service, IRS Criminal Investigation, Homeland Security Investigations, inspectors general (such as HHS-OIG or SBA-OIG), or other agencies, depending on the alleged scheme. Many cases are developed through a federal grand jury before anyone is charged. Records are subpoenaed, witnesses are interviewed, and sometimes a person learns of the investigation only through a target letter or grand jury subpoena.

Federal Cases Nationwide

Mail and wire fraud cases are charged in every federal district, and because a single email, wire transfer, or package can cross several districts, the agents and Department of Justice prosecutors on a case may be far from where the person under investigation lives or works. Early contact is the same work in any district: counsel can reach the case agents and the Department of Justice prosecutors handling the matter, learn what can be learned about the person’s status, and address interview requests, subpoenas, target letters, and proffer invitations before a charging decision is made.

Federal courts set their own admission rules. Where a court requires it, Vikas Bajaj appears together with local counsel or applies for admission pro hac vice. Procedure and local practice differ from district to district, and no particular result can be promised in any of them.

Common Cases Involving Mail and Wire Fraud

These statutes appear in a wide range of white collar crime investigations, including:

Defense Strategies in Fraud Cases

Every case turns on its own facts, but these issues come up again and again:

Challenging Intent

Intent to defraud is often the most contested element. Evidence of good faith, reliance on professionals, honest belief in the truth of a statement, or an ordinary business failure can all bear on whether the government can prove intent.

Materiality and the Money-or-Property Requirement

After Ciminelli and Kousisis, the defense should ask whether the alleged misstatement was material and whether the scheme actually targeted money or property, not some other interest the statutes do not protect.

The Mailing or Wire Element

The government must connect a specific mailing or interstate wire to the execution of the scheme. Each count should be checked for whether the communication was interstate and whether it actually served the alleged scheme.

Loss and Sentencing Exposure

Because loss drives the guideline range, disputing the government’s loss figure, its method, and any credits owed can significantly change sentencing exposure, even when liability is not contested.

Constitutional Violations

Search warrants for email accounts, phones, and cloud data must be supported and executed within their limits. Statements taken in violation of a person’s rights may be challenged.

The Importance of Early Legal Intervention

Federal fraud investigations often run for months before anyone is charged. That window is where early defense work has the most room to matter. Counsel can find out which agency and prosecutor are involved, manage communications so a person does not make statements that become evidence, preserve favorable documents, and, when appropriate, present information to the prosecutor before a charging decision.

  • Do not destroy, alter, or delete documents or messages. Doing so can be charged as a separate crime.
  • Do not agree to an interview with agents, or to a proffer session, before speaking with counsel.
  • Do not discuss the investigation with coworkers, business partners, or on social media.
  • Have counsel review any subpoena, target letter, or search warrant right away.

Conspiracy and attempt under 18 U.S.C. § 1349

Section 1349 carries the same penalties as the underlying mail or wire fraud offense that was the object of the attempt or conspiracy, up to 20 years in federal prison. Unlike many other conspiracy statutes, prosecutors generally do not have to prove an overt act in furtherance of the conspiracy. Section 1349 also allows attempt charges even if the alleged fraud was never completed. Attempt focuses on an individual’s actions; conspiracy focuses on an agreement and often involves multiple defendants.

Frequently Asked Questions (FAQs)

Q: What is the difference between mail fraud and wire fraud?

A: Both statutes cover the same kinds of schemes. Mail fraud (18 U.S.C. § 1341) requires use of the Postal Service or a private or commercial interstate carrier. Wire fraud (18 U.S.C. § 1343) requires an interstate or foreign wire, radio, or television transmission, such as an email, call, online submission, or electronic transfer.

Q: What is the maximum sentence for wire fraud?

A: Up to 20 years per count. The maximum rises to 30 years and a $1,000,000 fine if the violation affects a financial institution or involves benefits paid in connection with a presidentially declared major disaster or emergency. Actual sentences depend on the facts and the Sentencing Guidelines.

Q: Does the government have to prove that someone lost money?

A: Not always. In Kousisis v. United States (2025), the Supreme Court held that a fraudulent-inducement scheme can support a conviction even without intended net economic loss. The government must still prove a material falsehood, intent to defraud, and that money or property was an object of the scheme.

Q: Can every email be a separate count?

A: An indictment can charge separate counts for separate mailings or wire transmissions used to execute the scheme. That is one reason indictments in fraud cases are often long.

Q: How long can prosecutors wait to file wire fraud charges?

A: Generally five years. If the offense affects a financial institution, the period is 10 years. Congress also set a 10-year period for borrower fraud involving COVID-era PPP and EIDL loans.

Q: Where are federal wire fraud cases from San Diego prosecuted?

A: In the U.S. District Court for the Southern District of California, which sits in San Diego and El Centro and covers San Diego and Imperial Counties.

Q: I was contacted by an FBI or Postal Inspection agent. Should I talk to them?

A: You have the right to speak with a lawyer first. Statements made to agents can become evidence, and making a false statement to a federal agent is a separate crime. Talk to counsel before deciding whether to be interviewed.

Is there a California version of wire fraud?

California has no single wire fraud statute. Similar conduct is usually charged as theft by false pretenses (Penal Code § 532) or grand theft. The federal mail and wire fraud statutes apply when the mail or an interstate wire was used.

What does a telecommunications fraud investigation involve?

These cases rely on phone, email, payment-platform and IP records obtained by subpoena or warrant. The defense often focuses on who actually controlled the accounts and devices.

Speak With a San Diego Mail and Wire Fraud Defense Attorney

If you are under investigation or have been charged with mail fraud, wire fraud, or conspiracy, contact the Law Office of Vikas Bajaj, APC to discuss your situation confidentially. Call (619) 525-7005 or request a confidential consultation. Past results do not guarantee a similar outcome in any other matter.

This page is attorney advertising and provides general information only. It is not legal advice and does not create an attorney-client relationship. Every case turns on its own facts, and no particular outcome can be promised. Consult qualified counsel about your specific situation.