If you’ve ever heard someone mention mail fraud or wire fraud, you might wonder how they’re different. These two types of crimes may sound similar—and they are in many ways. Both involve dishonest schemes to steal money or property. But the key difference is how the fraud is carried out. One uses the mail. The other uses electronic communication. This article breaks down the differences, similarities, penalties, and how these charges work in the real world.
What Is Mail Fraud?
Mail fraud is a federal crime. It happens when someone uses the U.S. Postal Service or a private mail carrier (like FedEx or UPS) to try to cheat someone out of money or property. The government doesn’t need to prove that the mailing itself was illegal—just that it was part of a dishonest plan.
For example, if someone sends fake charity letters through the mail asking for donations and then keeps the money, that could be mail fraud. Even if the letters are sent within the same state, it still counts.
Mail fraud is based on a law called 18 U.S. Code § 1341. This law makes it a crime to use mail in a scheme to defraud.
What Is Wire Fraud?
Wire fraud is also a federal crime. The difference is how the fraud happens. Instead of using mail, wire fraud involves using some form of electronic communication. That can include:
- Phone calls
- Text messages
- Emails
- Faxes
- Online messages or chats
To count as wire fraud, the communication must cross state lines. So, if someone sends an email from Texas to someone in Florida as part of a scam, that could be wire fraud.
Wire fraud is covered under 18 U.S. Code § 1343. Like mail fraud, it doesn’t matter if the wire communication was just one part of the larger plan. As long as it was used to help the fraud, it counts.
How Are Mail Fraud and Wire Fraud Similar?
Both crimes share the same core elements:
- A plan or scheme to deceive someone
- The intent to trick or defraud
- A communication (by mail or wire) used as part of that plan
- The goal of getting money or property dishonestly
In both cases, it doesn’t matter if the person didn’t succeed. Just trying to carry out the plan can be enough for charges.
Federal prosecutors often use these charges together because many scams use both mail and electronic messages. For example, someone might send a fake investment offer by email and follow it up with paperwork in the mail.
What’s the Main Difference?
The biggest difference is how the crime is carried out:
- Mail fraud uses the postal service or private shipping carriers.
- Wire fraud uses electronic tools like phones, email, or the internet.
There’s also a difference in how the government proves the case. Mail fraud doesn’t require crossing state lines, but wire fraud does. That’s because mail fraud is tied to the Postal Clause in the Constitution, and wire fraud is tied to the Commerce Clause, which deals with business and communication between states.
Real-Life Examples
Mail and wire fraud happen in many ways. Here are a few examples of each:
Mail Fraud Examples:
- Sending fake invoices through the mail
- Mailing fake sweepstakes offers
- Using a phony charity to request donations by letter
Wire Fraud Examples:
- Phishing emails that trick people into giving away banking info
- Phone calls pretending to be from the IRS
- Online investment scams that promise huge returns
In both types, the goal is to make someone believe a lie and give up money or information.
Why Do Prosecutors Use These Charges Often?
Wire fraud is especially popular with federal prosecutors. Why? Because it’s easy to prove. Just one phone call, text, or email across state lines can meet the requirement. In today’s world, almost every scam involves some kind of digital communication.
Wire fraud charges were used in big cases like Bernie Madoff’s Ponzi scheme and the case against former Virginia Governor Bob McDonnell. Mail fraud is still used often too, especially when physical mail is part of the scam.
What Are the Penalties for Mail and Wire Fraud?
These crimes come with serious consequences. Under federal law, a person convicted of mail or wire fraud can face:
- Up to 20 years in federal prison
- Up to 30 years if the fraud involves a financial institution or happens during a national emergency or disaster
- Fines of up to $250,000 for individuals
- Fines of up to $500,000 for businesses or organizations
- Restitution, where the guilty person has to pay back victims
- Forfeiture, where assets linked to the crime can be taken
Each mailing or wire message can be counted as a separate charge. That means multiple emails or letters in a scam could lead to several charges and a much longer prison sentence.
How Are These Cases Investigated?
The investigation usually starts with a complaint from a victim or business. Federal agencies like the FBI, the U.S. Postal Inspection Service, or the Federal Trade Commission may get involved.
Steps often include:
- Reviewing documents, emails, or phone records
- Using undercover agents
- Examining digital devices and bank accounts
- Talking to witnesses
Once enough evidence is collected, the U.S. Attorney’s Office may bring charges. These cases are usually handled in federal court.
What Should You Do If You’re Facing Charges?
Mail and wire fraud charges are serious. They’re federal crimes that can lead to years in prison and huge fines. But being charged doesn’t mean you’re guilty. You still have rights, including the right to a defense.
The government has to prove every part of the crime. That includes showing you had the intent to deceive and that you actually used mail or wire communication to commit fraud. A good defense may question the intent, the evidence, or whether the communication really supports the charge.
Call Now for Help with Federal Fraud Charges
If you’re facing mail or wire fraud charges in Dallas or anywhere in Texas, you need a defense team that knows how federal cases work. These charges can lead to major fines and time in prison, but a strong legal defense can help protect your future.
Call (214) 432-8860 today to speak with someone who can go over your case and explain your options.