Address: 2900 Bristol St., Suite C204 Costa Mesa, CA 92626
Available To Serve You Nationwide On All Federal Cases
This page was written, edited, reviewed & approved by Karren Kenney following our comprehensive editorial guidelines Karren Kenney, the Founding Partner, has 30+ years of legal experience as a criminal defense attorney.
Federal prosecutors aggressively pursue wire fraud and mail fraud cases—even when the situation began as a routine business dispute, a failed investment, or a misunderstanding. Because these statutes are extremely broad and carry severe penalties, anyone under investigation needs an experienced San Diego wire fraud lawyer.
Kenney Legal Defense, based in San Diego, defends individuals facing federal fraud allegations throughout Southern California and across the United States. This guide explains what wire fraud and mail fraud are, the penalties you may face, how sentencing is calculated, and how San Diego Wire Fraud Lawyer Karren Kenney and her defense team can help.
Federal mail fraud law prohibits using the U.S. Postal Service or private carriers (like FedEx, UPS, DHL) as part of a scheme to defraud.
Statute:
https://www.law.cornell.edu/uscode/text/18/1341
To prove mail fraud, the government must show:
A deliberate plan to obtain money or property through false statements or deceptive conduct.
The defendant must have knowingly intended to deceive—not merely acted carelessly or made a poor business decision.
Any mailing—sent by the defendant, a victim, or a third party—can satisfy this element if it helps further or conceal the alleged scheme.
Wire fraud involves using electronic communications to further a fraudulent scheme, including:
Statute:
https://www.law.cornell.edu/uscode/text/18/1343
Elements of wire fraud include:
A plan to obtain money or property through false statements or omissions.
Prosecutors must prove purposeful deception.
Any electronic communication that crosses state lines—even unintentionally—qualifies.
Because nearly all electronic data travels through out-of-state servers, wire fraud is one of the most common federal charges filed in San Diego.
The primary difference is the method of communication used:
Prosecutors often charge both if a case involves both mailings and electronic communications.
Wire fraud and mail fraud carry extremely serious penalties, including:
However, the actual sentence depends largely on how the U.S. Sentencing Guidelines apply.
Federal judges must consider the U.S. Sentencing Guidelines—particularly USSG §2B1.1, the fraud guideline.
Guidelines Manual:
https://www.ussc.gov/guidelines
Fraud Guideline §2B1.1:
https://guidelines.ussc.gov/apex/r/ussc_apex/guidelinesapp/guidelines?app_gl_id=%C2%A72B1.1
The Guidelines determine an “offense level,” which corresponds to a recommended sentencing range.
The greater the financial loss—actual or intended—the higher the sentence. Federal loss tables increase penalties dramatically at certain thresholds (e.g., over $15,000, over $250,000, over $1 million).
Prosecutors may base sentencing on intended loss, even if no money was actually lost. This is often where skilled defense can dramatically reduce sentencing exposure.
Penalties increase if:
Prosecutors may claim “sophisticated means” if the case involves:
Kenney Legal Defense frequently challenges this enhancement when it is unjustified.
Sentences increase for alleged “leaders” or “organizers.”
Sentences may decrease if the defendant played a minor role.
Defendants may receive reductions for cooperating early, acknowledging wrongdoing, or demonstrating rehabilitation.
Kenney Legal Defense regularly represents clients in federal investigations involving:
Our approach focuses on early intervention—often preventing charges before indictment.
Not every business failure is a crime.
The government must prove knowing, intentional deception.
If you believed your statements were true or acted reasonably, fraud cannot be proven.
The mail or electronic communication must genuinely further the alleged scheme.
Reducing the loss amount or eliminating enhancements can substantially reduce the sentence.
Your career, reputation, and freedom demand a defense team that understands federal law inside and out.
Wire fraud involves electronic communication (email, internet, phone), while mail fraud involves USPS or private carriers. Many cases include both.
Intent is a required element. Honest mistakes, business failures, or misunderstandings are not crimes. Lack of intent is a strong defense.
Wire fraud carries up to 20 or 30 years in prison depending on circumstances. However, actual sentencing depends on the U.S. Sentencing Guidelines and the specific facts of your case.
Federal law allows prosecutors to argue that you intended to cause a higher financial loss—even if no money was taken. This can significantly increase sentencing exposure, and must be aggressively challenged.
No. Always contact a federal defense attorney first. Anything you say can be used against you, even if you are innocent.
Yes. Early intervention by experienced counsel often prevents indictments, reduces charges, or influences the direction of the investigation.
Many are resolved through negotiation, but some proceed to trial. Kenney Legal Defense is prepared for both approaches.
If you or a loved one is facing a wire fraud or mail fraud offense, you need an aggressive criminal defense lawyer on your side. Call (714) 400-2375 or contact us online for a free initial phone consultation
