Criminal Defense

Federal Fraud & Financial Crimes

Federal fraud charges cover a broad range of alleged deception — wire fraud, mail fraud, bank fraud, tax fraud, healthcare fraud, and pandemic-relief fraud, among others. These cases are often built on documents and digital communications gathered over months of investigation, and they frequently involve conspiracy allegations that expand liability beyond the primary actor.

Important

This is general information, not legal advice. If an arrest happened recently or you believe you are under investigation, do not explain anything to law enforcement before speaking with counsel.

Overview

Federal fraud cases are document-driven, often involve conspiracy, and carry substantial sentencing exposure.

The federal wire fraud statute (18 U.S.C. § 1343) is one of the broadest criminal statutes in federal law. It applies to any scheme to defraud that uses wire, radio, or television communications — which in practice includes virtually all modern electronic activity. Mail fraud (§ 1341) is structurally identical but covers postal and private carrier communications.

Bank fraud (§ 1344) specifically targets schemes to defraud financial institutions or obtain money from them under false pretenses. Healthcare fraud (§ 1347) covers schemes against healthcare benefit programs. Each carries up to 20 years per count; financial institution and emergency relief fraud can carry up to 30 years.

Federal fraud investigations often begin months or years before an arrest. The government assembles records, financial data, email trails, and witness cooperation before presenting to a grand jury. By indictment, the evidence file is typically substantial.

Conspiracy to commit fraud (§ 1349) is charged alongside the substantive counts in most federal fraud cases, extending liability to anyone who knowingly joined the scheme — even without executing a specific fraudulent act themselves.

Key points

Wire and mail

Wire and mail fraud are among the most broadly applied federal statutes

Conspiracy

Conspiracy charges extend liability to all knowing participants in the scheme

Loss amount

Guideline sentencing is heavily driven by the alleged loss amount

Restitution

Federal fraud convictions almost always include restitution orders

Penalties & Exposure

Penalties and guideline exposure

Wire fraud and mail fraud: up to 20 years per count. Bank fraud: up to 30 years. Healthcare fraud: up to 10 years (20 if serious injury results). Each count is separate — multi-count indictments can produce theoretical exposure in the decades.

The federal sentencing guidelines for fraud (§ 2B1.1) are dominated by loss amount. A scheme with an alleged loss above $150,000 adds 8 offense levels; above $1.5 million adds 14. The difference between a small and large alleged loss can mean years in guideline range.

Restitution under the Mandatory Victims Restitution Act (MVRA) is required in virtually all federal fraud cases. Restitution obligations persist until fully paid and can affect finances long after incarceration ends.

Additional consequences: forfeiture of proceeds and instrumentalities; civil parallel proceedings; professional license consequences; immigration consequences in some cases.

How These Cases Are Defended

Defending federal fraud charges

Challenging whether the alleged representations were materially false; disputing intent to defraud; contesting loss calculations and attribution; challenging conspiracy membership and scope; constitutional and procedural challenges to the investigation and grand jury process.

Loss amount disputes are among the most important sentencing advocacy issues in federal fraud cases. The government's loss calculation methodology is frequently contestable, and reducing the attributed loss amount can dramatically change the guideline range. Good-faith reliance and lack of specific intent are substantive defenses at trial.

Common Questions

Frequently asked

Quick answers to the questions we hear most often. Every case is different — call for a private consultation.

What is "honest services" fraud?

Honest services fraud (§ 1346) applies to bribery and kickback schemes involving public officials or private employees who deprive others of their intangible right to honest services. It is narrower than ordinary wire fraud and requires proof of a bribe or kickback, not merely bad business decisions.

What is PPP/CARES Act fraud?

Pandemic-era fraud cases involve alleged misrepresentations in applications for Paycheck Protection Program loans, EIDL grants, or other relief funds. These cases are prosecuted aggressively and carry enhanced penalties under the CARES Act. The government has dedicated task forces focused on this area.

If I repaid the money, does that eliminate the fraud charge?

No. Repayment after the fact does not eliminate criminal liability, though it may be relevant to restitution and sentencing. The government looks at whether a fraudulent scheme existed at the time — subsequent repayment does not undo the alleged misrepresentation.

Talk to counsel before the state defines your case for you.

Early decisions often control everything that follows.

If you are under investigation or facing charges, a short, private consult can clarify exposure, options, and next steps. Free consultation. 24-hour answering service. Payment plans available in many cases.