How is fraud sentenced in federal court?
Federal fraud sentences are driven by the US Sentencing Guidelines. Wire and mail fraud start at a base offense level, then the loss amount adds levels under the 2B1.1 loss table, along with adjustments for the number of victims, sophisticated means, and abuse of trust. The final level maps to a recommended prison range.
What is the maximum sentence for wire fraud?
Federal wire fraud and mail fraud each carry a statutory maximum of 20 years per count, increasing to 30 years if the fraud affects a financial institution or involves a federally declared disaster. With multiple counts, exposure can be much higher, though the guidelines typically drive the actual sentence.
How does the loss amount affect a fraud sentence?
In federal cases the loss amount is often the single biggest driver of the sentence. Under the 2B1.1 table, higher losses add offense levels, for example a loss over $150,000 adds 8 levels and a loss over $1.5 million adds 12, sharply increasing the recommended prison range.
Is fraud a felony or a misdemeanor?
In state court it depends on the dollar value, similar to theft, with lower amounts charged as misdemeanors and higher amounts as felonies under state tiers. Most federal fraud charges (wire, mail, bank, securities fraud) are felonies regardless of the specific amount.
Do I have to pay restitution in a fraud case?
Yes. Restitution is mandatory in federal fraud cases under the Mandatory Victims Restitution Act (18 USC 3663A) and is standard in state cases. You must repay the victims' actual losses, and this obligation is imposed in addition to any prison sentence, fine, or forfeiture.