Wire Fraud and Mail Fraud: Federal Prosecutions in Louisiana

Wire fraud (18 U.S.C. § 1343) and mail fraud (18 U.S.C. § 1341) are among the most versatile and frequently charged federal statutes. Prosecutors in the Eastern District of Louisiana routinely use them in complex financial crime prosecutions, public corruption cases, and white-collar investigations.

Elements of the Offense

Both mail and wire fraud require proof of: (1) a scheme to defraud involving material misrepresentations or omissions, (2) intent to defraud, and (3) use of the mail or wire communications (phone, internet, email) in furtherance of the scheme. The wire or mail use need not be central to the scheme — even a routine email in furtherance of a fraudulent transaction satisfies the element. This breadth makes the statutes applicable to an enormous range of conduct.

Penalties

Wire and mail fraud each carry up to 20 years imprisonment per count. When the offense affects a financial institution or involves a federally declared disaster or emergency, the penalty increases to 30 years. Because each separate wire transmission or mailing constitutes a separate count, defendants can face multiple counts arising from a single fraudulent scheme — with guideline ranges stacking correspondingly.

The Honest Services Doctrine

The mail and wire fraud statutes also encompass schemes to deprive individuals of their intangible right to honest services. This honest services theory has been central to Louisiana public corruption prosecutions: public officials who accept bribes in exchange for official acts can be charged with depriving constituents of their right to honest services, even without traditional financial loss to victims.