What is the Connection Between Mail Fraud and Wire Fraud?
Mail fraud and wire fraud are both federal criminal offenses that can be charged against an individual or multiple parties engaged in a fraudulent scheme, and these two offenses are often discussed in relation to one another. What is the connection between mail fraud and wire fraud? According to the US Department of Justice (DOJ), one of the reasons that these statutes are often cited together is that they have very similar elements of the offense, with only minor distinctions based on wire versus mail communications. There are also some other important similarities between these federal crimes, as well as important distinctions. Our federal fraud defense attorneys at the Law Offices of Daniel J. Fernandez, P.A. can explain in more detail below.
Both Prohibit Forms of Fraud Under Federal Law
Both federal mail fraud and wire fraud prohibit forms of fraud — both considered white-collar crimes — under federal law.
Mail Fraud and Wire Fraud Are Both Broad Criminal Statutes
According to the US Congress, the federal mail fraud and wire fraud statutes are both considered to be “exceptionally broad” with substantial scope — much broader than many other types of federal criminal statutes.
Similar Elements to Mail Fraud and Wire Fraud Offenses
As the DOJ has explained, both mail fraud and wire fraud have very similar elements to the offense, with the only primary distinction involving the means of the fraud (i.e., through use of the mail versus through use of wires or electronic communication).
Federal mail fraud has two general elements that the prosecution must prove for a conviction:
- Defendant devised or intended to devise a scheme to defraud, or intentionally participated in a scheme or specific act to defraud; and
- Defendant used the mail in furtherance of the scheme to defraud.
Similarly, federal wire fraud has two general elements that the prosecution must prove for a conviction:
- Defendant devised or intended to devise a scheme to defraud, or intentionally participated in a scheme or specific act to defraud; and
- Defendant used interstate wires in furtherance of the scheme to defraud.
In both types of federal fraud offenses, there is a general aim or intention to defraud coupled with the use of either the mail or interstate wires in executing or attempting to execute the aim to defraud.
Shared Overlap with Other Federal Fraud Offenses
Both federal mail fraud and wire fraud statutes routinely overlap with many other types of federal fraud and other criminal offenses, which often results in these offenses being charged in connection with other federal crimes. The following are other federal criminal laws with which the mail fraud and wire fraud statutes frequently overlap:
- Racketeering;
- Money laundering;
- Bank fraud;
- Bribery; and
- Charges under the Racketeer Influenced and Corrupt Organizations Act (RICO).
Contact a Tampa Criminal Defense Lawyer for Assistance with Federal Fraud Charges You Are Facing
Defendants who are facing federal mail fraud charges may also be facing federal wire fraud charges and vice versa, as well as charges for other federal fraud and white collar offenses. If you are facing any of these charges, it is crucial to seek legal assistance as soon as possible since these crimes can result in years of imprisonment upon conviction. An experienced Tampa federal fraud defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can speak with you today and can begin working with you on a defense strategy.
Source:
congress.gov/crs-product/R41930
