The Napier Law Firm—Defending Mail and Wire Fraud Charges Across Houston, Harris County, and Surrounding Areas
What are Mail and Wire Fraud Charges?
Mail and wire fraud are serious federal offenses that involve the use of the U.S. Postal Service or electronic communication systems—like phones, emails, texts, or the internet—to carry out a fraudulent scheme. These charges are brought under 18 U.S.C. § 1341 (Mail Fraud) and 18 U.S.C. § 1343 (Wire Fraud) and are among the most commonly used statutes in federal white collar prosecutions.
In simple terms, if the government believes you used mail or electronic communications in connection with a plan to deceive someone for financial gain, you could be facing a federal felony—even if no one was actually harmed or defrauded.
To be charged with mail or wire fraud, the government must prove that:
- You intentionally engaged in a scheme to defraud;
- You made a material misrepresentation—one that would influence a reasonable person’s decisions; and
- You used the mail, phone, internet, or other forms of electronic communication to carry out the scheme.
Importantly, the misrepresentation must be capable of deceiving someone of ordinary prudence—not so outlandish that a reasonable person would dismiss it outright.
What are Common Mail & Wire Fraud Cases?
Because of their broad scope, these statutes are often used to prosecute a wide variety of alleged conduct. Some common allegations include:
- Business Email Compromise (BEC): Impersonating an executive or vendor in emails to redirect company funds
- Online Marketplace Fraud: Selling fake products or services via eBay, Amazon, or Facebook Marketplace
- Phishing Scams & Identity Theft: Posing as a bank or government agency to trick someone into giving up personal info
- Real Estate Wire Fraud: Diverting earnest money or closing funds through fraudulent emails
- Loan Application Fraud: Falsifying information in PPP, EIDL, mortgage, or SBA loan applications
- Insurance & Healthcare Fraud: Submitting false claims through the mail or billing Medicare using falsified documents
- Investment Scams: Promoting false stock tips or Ponzi schemes via email or phone
- Employment Scams: Offering fake jobs to collect personal data or upfront fees
Because most modern business and personal transactions involve some form of email, text message, or postal delivery, the government frequently adds wire or mail fraud charges to increase leverage in plea negotiations—even in cases where the alleged fraud is secondary.
Key Elements of Mail and Wire Fraud Charges
Federal prosecutors must prove the following beyond a reasonable doubt:
- A scheme to defraud existed;
- You knowingly and willfully participated in the scheme; and
- You used mail or electronic communications in furtherance of that scheme.
Using the Mail:
- Sending or receiving any documents or packages through the U.S. Postal Service or a private carrier (like FedEx or UPS);
- Causing someone else to mail documents related to the alleged fraud.
Using Wire Communications:
- Sending or receiving texts, emails, faxes, or phone calls;
- Initiating online transactions;
- Communicating via TV, radio, or social media platforms.
Even one use of mail or wire communications in furtherance of the scheme is sufficient for a federal indictment.
Why Federal Prosecutors Favor These Charges?
Wire and mail fraud statutes are intentionally broad, giving prosecutors wide latitude to charge a range of behaviors under a single umbrella. That’s why they are often used in conjunction with:
- Conspiracy
- Money Laundering
- Identity Theft
- Tax Fraud
- RICO (Racketeer Influenced and Corrupt Organizations Act)
Even if the primary offense is weak, or even unprovable, prosecutors often rely on wire or mail fraud charges to push for plea deals or increase sentencing exposure. A single email, text, or postal delivery can be enough to bring charges—even if it’s just a piece of the alleged scheme.
How These Cases Are Investigated
Mail and wire fraud investigations typically involve agencies like:
- The FBI
- The United States Postal Inspection Service (USPIS)
- The Department of Justice (DOJ)
- The Department of Homeland Security (DHS)
- And occasionally the IRS or SEC, depending on the case
These agencies use financial audits, email records, surveillance, digital forensic tools, and confidential informants to build cases. Investigations often last months—or even years—before an arrest is made or an indictment is filed.
Penalties for Mail & Wire Fraud
If convicted of mail or wire fraud, you face extremely harsh penalties under federal law:
- Up to 20 years in federal prison for each count
- Up to 30 years if the scheme involved a financial institution or federal disaster relief funds (like COVID-19 loans)
- Fines reaching $1 million or more
- Mandatory restitution to victims
- Possible asset forfeiture of money, property, or business interests connected to the offense
Federal prosecutors often combine wire or mail fraud with other charges such as conspiracy, money laundering, identity theft, tax fraud, or healthcare fraud—further increasing the severity of potential penalties.
Convictions also carry collateral consequences, including:
- Loss of professional licenses
- Immigration consequences for non-citizens
- Damaged credit, business reputation, and employment prospects
Texas state law may also impose significant penalties under Chapter 32 of the Texas Penal Code for theft by deception, forgery, and related fraud offenses.
Federal Sentencing and Minimum Penalties
There is no set mandatory minimum sentence for mail or wire fraud. However, the Federal Sentencing Guidelines are used to calculate sentencing ranges based on:
- The amount of money involved;
- Whether a position of trust was abused;
- Whether vulnerable victims were targeted;
- The defendant’s prior criminal history.
Judges retain discretion to go above or below the guideline range, but must justify any departure on the record.
Will I Have to Pay Restitution or Forfeit My Assets?
Yes, possibly. If the court finds that victims were harmed by the alleged scheme, restitution may be ordered. Additionally, the government may attempt to seize any property they believe was obtained through or used to facilitate the fraud—even before a conviction is secured. This can include:
- Bank accounts
- Vehicles
- Real estate
- Business assets
Defending Mail and Wire Fraud Charges in Houston
At The Napier Law Firm, we know that being charged with wire or mail fraud doesn’t mean you’re guilty—and we know how to build a strong defense. Our lead attorney brings prosecutorial experience from years at the DOJ’s Fraud Section and insight into how white collar cases are investigated and prosecuted at both state and federal levels.
Just because you’ve been charged—or are under investigation—doesn’t mean the government has a strong case. At The Napier Law Firm, we focus on building powerful, fact-driven defenses such as:
- Lack of fraudulent intent: Not every misstatement is criminal. We show your actions were not intentionally deceptive.
- No material misrepresentation: The alleged falsehood must have been important to the victim’s decision-making process.
- Violation of search/seizure laws: If evidence was obtained illegally, we move to suppress it.
- Lack of jurisdiction: If interstate communications weren’t used, federal charges may not be valid.
- Entrapment: If law enforcement induced you into committing an act you otherwise wouldn’t have, you may have a defense.
Our legal team includes former prosecutors and experienced defense attorneys who know how to dissect the government’s case and find weaknesses.
Frequently Asked Questions (FAQ)
Is wire fraud a felony?
Yes. Wire fraud is a serious federal felony that can carry up to 20–30 years in prison depending on the circumstances.
Can I be charged for one email or call?
Yes. Just one use of email, text, or phone to further a fraudulent scheme may trigger charges.
What if I didn’t make any money?
The government can still prosecute if there was intent to defraud, even if the scheme failed or caused no loss.
Can wire or mail fraud be expunged?
Federal convictions cannot be expunged in most cases. That’s why fighting the charge early is essential.
Why You Need an Experienced Federal Defense Attorney Now
If you’ve received a:
- Target letter
- Grand jury subpoena
- Visit from a federal agent
- Search warrant
- Request for financial records
You’re likely under investigation—or soon will be. Waiting until you’re formally charged can significantly damage your chances of avoiding prosecution.
At The Napier Law Firm, we provide immediate and strategic counsel from day one. We help clients in Houston, Harris County, Fort Bend County, Montgomery County, and throughout Texas respond to investigations proactively and intelligently—often stopping charges before they’re ever filed.
Then you are already in the government’s crosshairs. Do not wait to be formally charged—early intervention could result in the charges being reduced, dropped, or avoided entirely.
Why Choose The Napier Law Firm?
- Former state and federal prosecutors who know how mail fraud and wire fraud cases are built
- Trial-tested attorneys in both state and federal court
- Dedicated to protecting your business, freedom, and future
- Based in Houston, Texas, with a focus on federal fraud defense
We represent clients in Houston, The Woodlands, Fort Bend County, Montgomery County, and throughout the Southern and Eastern Districts of Texas.
Contact Us Now for a Confidential Consultation
Being charged with wire or mail fraud is serious—but with the right defense team, you can level the playing field. Whether you’re a business owner, executive, employee, or individual falsely accused, The Napier Law Firm is ready to help.📞 Call us today or fill out our secure online form to schedule a confidential consultation with an experienced Houston wire and mail fraud attorney.