An In-Depth Guide from a San Antonio White Collar Criminal Defense Lawyer
Why you need a San Antonio White Collar Criminal Defense Lawyer for Fraud Charges
The Department of Justice (DOJ) aggressively prosecutes white collar crimes in the Western District of Texas. If you are under investigation or have been charged with mail or wire fraud in San Antonio, Texas, the stakes could not be higher. A conviction can result in up to 20 years in federal prison, fines of up to $250,000.00, and the forfeiture of assets you have spent a lifetime building.
At the Law Office of Genaro R. Cortez, PLLC, we provide experienced white collar criminal defense representation to individuals and businesses throughout San Antonio and South Texas. Attorney Genaro R. Cortez has defended clients against federal fraud charges since 2004. He understands the complex landscape of these cases from pre-indictment investigation through trial and appeal.
This guide explains what federal mail and wire fraud charges involve, how prosecutors build these cases, the penalties you face, and the defense strategies an experienced San Antonio criminal defense lawyer can use to protect your rights and your future.
What is federal mail fraud?
Under 18 U.S.C. § 1341, mail fraud is a federal felony that makes it a crime to use the United States Postal Service or any private interstate carrier (such as UPS or FedEx) to carry out a scheme to defraud another person out of money, property, or honest services. This is a broad federal criminal statute that covers a wide range of criminal conduct. That is why federal prosecutors in San Antonio rely on it so heavily to pursue white collar crime cases.
Elements of Mail Fraud
To convict a defendant of mail fraud, federal prosecutors must prove each of the following elements beyond a reasonable doubt:
| Element | What the Government Must Prove |
|---|---|
| 1 | The defendant knowingly devised or intended to devise a scheme to defraud |
| 2 | The scheme involved false material representations, pretenses, or promises |
| 3 | The defendant mailed something, or caused something to be mailed by the U.S. Postal Service or a private interstate carrier, in furtherance of the scheme |
| 4 | The defendant acted with specific intent to defraud. |
Importantly, the mailing itself does not need to contain false information. Any mailing that is linked to a key part of the fraudulent scheme is enough to trigger federal charges. And each separate use of the mail counts as a separate criminal offense, meaning defendants can face multiple counts from a single investigation.
What is federal wire fraud?
Wire fraud, codified at 18 U.S.C. § 1343, is the companion statute to mail fraud. It makes it a crime to use any wire communication—including telephone calls, emails, text messages, social media, radio, television, or internet transmissions—to carry out a scheme to defraud. In today’s digital economy, wire fraud charges have become the go-to tool for federal prosecutors pursuing white collar crimes in San Antonio and across Texas.
Elements of Wire Fraud
| Element | What the Government Must Prove |
|---|---|
| 1 | The defendant knowingly devised or intended to devise a scheme to defraud |
| 2 | The scheme employed false misrepresentations, pretenses, or promises |
| 3 | The defendant transmitted or caused to be transmitted a wire communication in interstate or foreign commerce in furtherance of the scheme |
| 4 | The defendant acted with specific intent to defraud |
Mail Fraud vs Wire Fraud: Key Differences
While the elements of mail fraud and wire fraud are similar—and courts generally apply the same legal analysis—there are important differences your San Antonio white collar criminal defense attorney should understand:
Method of communication: Mail fraud requires use of the U.S. Postal Service or a private carrier. Wire fraud requires the use of an electronic wire communication, such as a phone call, email, or internet transaction.
Interstate nexus: Wire fraud requires proof of an interstate or foreign wire transmission. Mail fraud does not require proof of an interstate connection, because Congress enacted these statutes under different constitutional authorities—the Commerce Clause for wire fraud and the Postal Clause (Article I, Section 8, Clause 7) for mail fraud.
Practical overlap: In practice, most fraud schemes involve both mailings and electronic communications, so defendants are frequently charged with both crimes in the same indictment.
Common Examples of Mail and Wire Fraud Schemes in San Antonio
Federal investigators in the Western District of Texas regularly pursue a wide range of fraud cases. Common examples of schemes that give rise to mail and wire fraud charges in San Antonio include:
- Filing false insurance claims through the mail or electronically
- Mortgage fraud and fraudulent loan applications
- Ponzi schemes and investment fraud
- Real estate fraud involving false representations to buyers or lenders
- Healthcare fraud, including false Medicare or Medicaid billing
- Money laundering combined with wire transfers
- Internet and social media scams targeting victims’ money or personal information
- Phishing, credit card fraud, and identity theft conducted online
- RICO and racketeering violations involving mail or wire communications
- Bribery and kickback schemes involving government contractors
If you recognize any of these scenarios in your own situation—or if federal agents have contacted you about an investigation—you should speak with a San Antonio criminal defense attorney as soon as possible.
Honest-Services Fraud: The Federal Bribery and Kickback Law
A related and often-charged offense is honest-services fraud under 18 U.S.C. § 1346. This statute expands the definition of “scheme or artifice to defraud” to include depriving another person of the intangible right to honest services. Federal prosecutors in San Antonio use this law to target public officials, corporate executives, and others involved in bribery and kickback arrangements.
The United States Supreme Court clarified that honest-services fraud is limited to bribery and kickback schemes. For example, a city official who accepts a bribe in exchange for awarding a contract could be charged under this statute, even if the contract terms were reasonable and the city suffered no tangible financial loss. The harm lies in the denial of the public’s right to the official’s honest services.
Federal Penalties for Mail and Wire Fraud in San Antonio, Texas Federal Court
| Category | Standard Offense | Defrauding a Financial Institution | Statute of Limitations |
|---|---|---|---|
| Jail Time | Up to 20 years | Up to 30 years | 5 years |
| Fines | Up to $250,000.00 | Up to $1,000,000.00 | 10 years (if financial institution involved) |
| Asset Forfeiture | Yes | Yes | N/A |
Beyond prison time and fines, a federal fraud conviction carries devastating collateral consequences: loss of professional licenses, damage to your reputation, difficulty finding employment, and potential immigration consequences for non-citizens. This is why early intervention by a skilled San Antonio white collar criminal defense attorney is so critical.
Defense Strategies for Federal Fraud Charges in San Antonio
An experienced San Antonio criminal defense attorney will evaluate every aspect of your case to identify the strongest possible defense. The following are proven strategies used in federal mail and wire fraud cases:
- Good Faith Defense: Both mail and wire fraud require proof that the defendant acted with specific intent to defraud. If you genuinely believed your representations were true—or if you relied on professional advice in making business decisions—the good-faith defense may apply. Federal courts have long recognized that in a competitive business environment, aggressive sales tactics and promotional claims do not automatically equal fraud. Demonstrating good faith is often the single most important defense in a white collar case.
- The Puffing Defense: Closely related to good faith is the “puffing” defense. Sales puffing involves making general, subjective claims about a product or service—such as saying it is “the best on the market” or “an incredible value.” Courts recognize that this type of promotional language is a normal part of commerce and does not rise to the level of fraud. However, the line between puffing and fraud is crossed when a seller makes specific, knowingly false statements of fact.
- No connection between the fraud and the mail or the wire: Federal prosecutors must prove that the defendant used the mail or a wire communication in furtherance of the fraudulent scheme. If the mailing or wire transmission was incidental and not connected to the scheme, this element fails. A skilled defense attorney will carefully examine the timeline and the alleged communications to challenge whether this link exists.
- Statute of Limitations: The standard statute of limitations for both mail and wire fraud is five years from the date of the offense. If the fraud involves a financial institution, the statute of limitations extends to ten years. If the government filed its indictment after the limitations period expired, your attorney can move to dismiss the charges. This defense does not claim innocence—it argues that prosecutors waited too long to bring the case.
- Challenging the Evidence: Federal fraud cases often involve massive amounts of documentary and electronic evidence. Your defense attorney will scrutinize the government’s evidence for weaknesses, including improper search and seizure, violations of the Fourth Amendment, or gaps in the chain of custody. Suppressing improperly obtained evidence can significantly weaken the prosecution’s case.
What is the penalty for federal mail or wire fraud in San Antonio?
A conviction for federal mail or wire fraud carries a maximum sentence of 20 years in federal prison and fines up to $250,000. If the scheme targets a financial institution, the penalty increases to a maximum of 30 years and fines up to $1,000,000.
What is the difference between mail fraud and wire fraud?
Mail fraud requires the use of the U.S. Postal Service or a private interstate carrier like FedEx to carry out a scheme. Wire fraud involves electronic communications, such as emails, phone calls, or internet transmissions, and requires proof of an interstate or foreign connection.
How long does the government have to charge me with federal fraud?
The standard statute of limitations for federal mail and wire fraud is five years from the date of the offense. However, if the alleged fraud involves a financial institution, the government has up to ten years to file an indictment.
Can I be charged with both mail and wire fraud for the same scheme?
Yes. Because most modern business transactions involve both physical mailings and electronic communications, federal prosecutors in San Antonio frequently charge defendants with both crimes in a single indictment.
What is the “Good Faith” defense?
Since fraud requires the “specific intent” to defraud, you may have a defense if you genuinely believed your statements were true or if you relied on the advice of professionals. In a white collar case, demonstrating good faith is often the strongest defense strategy.
What is honest-services fraud?
This is a specific type of fraud used to prosecute bribery and kickback schemes involving public officials or corporate executives. It focuses on the deprivation of the “intangible right” to honest services rather than a purely financial loss.
Why Choose the Law Office of Genaro R. Cortez, PLLC for your White Collar Defense?
When you are facing federal mail or wire fraud charges in San Antonio, the attorney you choose can make the difference between your freedom and decades in federal prison. Here is what sets our firm apart:
- Over two decades of criminal defense experience in San Antonio and South Texas federal courts
- Focused experience in white collar criminal defense, including mail fraud, wire fraud, money laundering, and other federal offenses
- Deep understanding of how the Western District of Texas prosecutes fraud cases
- Personalized, one-on-one attention from Attorney Genaro Cortez throughout your case
- Free initial case evaluation so you understand your options from the start
Contact a San Antonio White Collar Criminal Defense Attorney Today
If you or someone you know is under investigation or has been charged with mail fraud, wire fraud, or any other federal white collar crime in San Antonio, time is not on your side. Early legal intervention gives your attorney the best opportunity to protect your rights, challenge the government’s case, and pursue the most favorable outcome.
Call the Law Office of Genaro R. Cortez, PLLC today at (210) 733-7575 for a free and confidential case evaluation. We represent individuals and businesses facing federal fraud charges throughout San Antonio, Bexar County, and the Western District of Texas.