Federal Fraud
Federal fraud statutes are broad. Wire fraud (18 U.S.C. section 1343) and mail fraud (18 U.S.C. section 1341) each carry up to twenty years. Healthcare fraud (18 U.S.C. section 1347) carries up to ten years, or twenty if the fraud resulted in serious bodily injury. Bank fraud (18 U.S.C. section 1344) carries up to thirty years.
Each email, phone call, or wire transfer in furtherance of a scheme can be charged as a separate count. A ten-count wire fraud indictment carries a theoretical maximum of two hundred years.
How federal fraud cases are built
Federal fraud investigations are document cases. The government subpoenas bank records, tax returns, emails, contracts, and accounting records. IRS Criminal Investigation, the FBI, the Postal Inspection Service, or the HHS Office of Inspector General may investigate for months or years before the target knows. A grand jury issues subpoenas. Cooperating witnesses provide context for the documents.
If you have received a target letter or a grand jury subpoena, you need a lawyer before you respond. What you say and produce at this stage shapes the entire case.
Sentencing
Federal fraud sentencing is driven by loss amount. The sentencing guidelines increase the offense level based on the total loss attributable to the scheme. A loss over $550,000 can produce a guideline range of four to five years for a first offender. Losses in the millions produce guideline ranges well into double digits. Restitution is mandatory and often exceeds the defendant’s ability to pay.
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If you have been convicted and need an appeal, email us at [email protected].