18 U.S.C. § 1349 – Attempt and conspiracy (attempt or conspiracy to commit fraud offenses)
This law makes it a federal crime to attempt or conspire to commit fraud, even if the fraud is never completed.
Section 1349 allows federal prosecutors to charge people who plan, agree to, or try to commit fraud offenses such as mail fraud, wire fraud, bank fraud, or securities fraud. A person does not need to successfully carry out the fraud to violate this statute.
What the law prohibits.
A person violates this statute if they knowingly:
- Conspire with one or more people to commit a federal fraud offense.
- Attempt to carry out a fraud scheme, even if the scheme fails or is stopped early.
- Take substantial steps toward committing fraud, such as planning, coordinating, or preparing false documents or transactions.
The government does not need to prove that the fraud succeeded. An agreement or serious effort to commit fraud is enough.
Penalties.
The punishment for violating § 1349 is the same as the penalty for the underlying fraud offense. Depending on the charge, this can include:
- up to 20 or 30 years in federal prison,
- substantial fines, and
- asset forfeiture.
If you’re facing allegations of conspiracy or attempted fraud, call (314) 900-HELP or contact our criminal defense attorneys for guidance.
