Facing federal wire fraud or mail fraud charges in San Diego? Attorney Anton Vialtsin at LAWSTACHE Law Firm defends clients against wire fraud, mail fraud and related federal fraud charges in the Southern District of California. Call 619-357-6677 for a free consultation.
San Diego Wire & Mail Fraud Attorney — 18 USC 1343 and 1341 Defense
Federal wire fraud under 18 U.S.C. § 1343 and mail fraud under 18 U.S.C. § 1341 are among the most broadly applied federal criminal statutes. Because virtually any modern business transaction involves an email, a phone call, a wire transfer or a mailed document, prosecutors use these charges for a wide range of conduct — from sophisticated investment schemes to misrepresentations made by email.
Furthermore, each individual wire communication or mailing can be charged as a separate count. Therefore, a case involving many emails, wire transfers or letters can result in many counts — creating enormous cumulative sentencing exposure. An experienced San Diego federal defense attorney is essential from the moment you learn you are under investigation.
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What the Government Must Prove for Wire Fraud
To secure a wire fraud conviction, federal prosecutors must prove four elements beyond a reasonable doubt. Therefore, attacking any one of these elements can result in acquittal or dismissal.
The Four Elements of Wire Fraud
- 1. A scheme to defraud: A plan to obtain money or property by false or fraudulent pretenses
- 2. Intent to defraud: The defendant knowingly and intentionally participated in the scheme
- 3. Use of wire communications: A phone call, email, text message, or wire transfer in interstate or foreign commerce
- 4. In furtherance of the scheme: The wire communication was used to advance the fraudulent scheme
Mail Fraud — 18 U.S.C. § 1341
Mail fraud has the same elements, except that instead of a wire communication, the government must prove the defendant used the U.S. Postal Service or a private interstate carrier (such as FedEx or UPS) to carry out or attempt to carry out the scheme. Wire fraud and mail fraud are often charged together when both were used.
Good Faith — A Complete Defense
If a defendant genuinely believed their representations were true — even if they turned out to be false — good faith is a complete defense to wire and mail fraud. Furthermore, the government must prove specific intent to defraud, not merely that the defendant made a mistake or poor business decision. Anton Vialtsin builds good faith defenses aggressively when the evidence supports it.
Penalties for Wire and Mail Fraud
- Up to 20 years in prison for each count of wire fraud or mail fraud.
- Up to 30 years and a fine of up to $1,000,000 if the scheme affected a financial institution or involved federal disaster or emergency benefits.
- Fines and restitution: fines of up to $250,000 per count (or twice the gain or loss), plus restitution to the victims.
In practice, the sentence is driven largely by the Federal Sentencing Guidelines, especially the amount of loss, the number of victims and the defendant’s role. Challenging the government’s loss calculation is often one of the most important parts of a fraud defense. You can read the statutes at 18 U.S.C. § 1341 and 18 U.S.C. § 1343.
Common Wire and Mail Fraud Cases We Defend
- Business email compromise (BEC) fraud
- Investment and securities fraud
- COVID-19 relief fraud (PPP loan, EIDL)
- Real estate wire fraud
- Mortgage fraud
- Healthcare fraud involving electronic billing
- Social Security, HUD and other government benefits fraud
- Theft of public funds (18 USC 641) charged together with mail or wire fraud
- Bank fraud (18 USC 1344) — frequently charged alongside wire fraud
Wire Fraud and Related Federal Charges
Wire and mail fraud are frequently charged alongside other federal crimes. In addition to the fraud counts, defendants often face:
- Money laundering (18 USC 1956)
- RICO (18 USC 1962)
- Bank fraud (18 USC 1344)
- Aggravated identity theft (18 USC 1028A)
- Conspiracy (18 USC 1349 or 371)
See our main San Diego Federal Criminal Defense page for more information.
Why LAWSTACHE™ Law Firm
- Over 400 federal criminal cases handled by Anton Vialtsin in the Southern District of California.
- CJA Panel attorney, a very strict selection that requires years of federal criminal experience.
- You work directly with Anton, from the first meeting through trial.
- Payment plans available. We speak English, Russian and Spanish.
Free Consultation — San Diego Wire Fraud Defense
Call 619-357-6677 to speak directly with federal defense attorney Anton Vialtsin. Free consultation — weekdays and weekends.
Frequently Asked Questions — Wire and Mail Fraud in San Diego
What is federal wire fraud under 18 USC 1343?
Wire fraud is the use of electronic communications — email, phone, text, or wire transfers — to execute a scheme to defraud. Because each wire communication can be charged as a separate count, the cumulative exposure in these cases can be significant.
What does the government need to prove for wire fraud?
Prosecutors must prove a scheme to defraud, intent to defraud, use of wire communications in interstate commerce, and that the communication was in furtherance of the scheme. Good faith is a complete defense.
Can each email be a separate wire fraud count?
Yes. Each individual wire communication used in furtherance of the scheme can be charged as a separate count — making experienced federal defense critical from the earliest stage of investigation.
What is the difference between wire fraud and mail fraud?
Wire fraud (18 USC 1343) involves electronic communications. Mail fraud (18 USC 1341) involves the U.S. Postal Service or a private interstate carrier. They carry the same penalties and are frequently charged together when both methods were used.
What are the penalties for wire and mail fraud?
Up to 20 years in prison per count, or up to 30 years if a financial institution or federal disaster benefits were involved, plus fines and restitution. The actual sentence depends heavily on the Sentencing Guidelines and the amount of loss.
Our Office — San Diego Wire Fraud Defense
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.