What Is The Penalty For Planning To Defraud Someone By Mail?

The essential elements of conspiracy to commit mail fraud or wire fraud in violation of 18 U.S.C. § 371, which includes an agreement between two or more persons, the intention to commit mail fraud or wire fraud, and an overt act committed by one of the conspirators, are crucial. The punishment provision has been rewritten to increase the penalty from 2 years to 5 years, except where the object of the conspiracy is a misdemeanor. If the object is a conspiracy to commit wire or mail fraud, any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense.

To prove conspiracy to commit either wire or mail fraud, the government must establish that two or more persons, directly or indirectly, reached an agreement to devise and commit the crime. Penalties for mail fraud can result in lengthy periods of incarceration, fines, probation, and loss of rights for many years after the offense. A conviction for mail fraud can result in a 20-year sentence, restitution to any victims, and a fine determined by the judge. If the fraud involves federal institutions, the penalties are enhanced.

Defendants facing a fraud charge could face a very lengthy prison term, especially if the federal government is prosecuting the case. Mail fraud convictions can lead to lengthy prison sentences, with the maximum penalty being 20 years in federal prison. In most cases, wire fraud is a federal offense punishable by up to 20 years in prison and/or fines of up to $250,000. If the perpetrator has prior convictions, any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense.