18 U.S.C. § 1349 – Attempt and conspiracy (conspiracy to commit fraud offenses such as mail or wire fraud)
This statute makes it a federal crime to try to commit, or to agree with others to commit, certain fraud offenses.
Section 1349 applies to attempts and conspiracies involving federal fraud crimes, including mail fraud, wire fraud, bank fraud, and health care fraud. A person can be charged even if the planned fraud is never completed.
Main rule.
Anyone who attempts or conspires to commit a fraud offense listed in the federal fraud laws is subject to the same penalties as the completed offense.
This means a conspiracy to commit mail fraud or wire fraud, for example, carries the same possible prison time, fines, and other penalties as if the fraud had actually been carried out.
No requirement of an overt act.
Unlike some conspiracy laws, Section 1349 does not require the government to prove that a conspirator took a step toward completing the crime. The agreement or attempt itself is enough for a charge.
If you’re facing a federal fraud conspiracy investigation, early legal help is key. Reach out to us or call (314) 900-HELP to speak with a federal criminal defense attorney.
