NATIONALLY RECOGNIZED FEDERAL LAWYERS
What is bank fraud mail fraud?
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. Our attorneys have represented clients in cases that captured national attention – including Anna Delvey’s trial (which became a Netflix series), the Ghislaine Maxwell juror misconduct case, and a Gold Coast Ponzi scheme where we secured just six months for our client despite $12 million in alleged losses. If you’re facing bank fraud or mail fraud charges, you’re looking at decades in federal prison unless you have experienced defense counsel who understands how prosecutors use these statutes together.
Bank fraud and mail fraud sound similar, they’re both federal crimes, but they target completely different conduct – and prosecutors love charging them together in the same indictment. That’s what this article covers. You’ll learn what makes each crime distinct under federal law, why the government stacks these charges even when the conduct overlaps, and what you need to do immediately if you’re under investigation.
The Core Difference Between Bank Fraud and Mail Fraud
Mail fraud is codified at 18 U.S.C. § 1341. It punishes anyone who devises a scheme to defraud and uses the U.S. mail or private carriers like UPS or FedEx to execute that scheme. The fraud doesn’t have to target a bank. It can be insurance fraud, investment fraud, consumer fraud – anything. What matters is you used the mail system.
Bank fraud lives at 18 U.S.C. § 1344. It punishes schemes targeting federally insured financial institutions. You don’t need to use the mail at all. You could walk into a bank, submit false loan documents in person, and if that bank is FDIC-insured, you’ve committed bank fraud. The jurisdictional hook is the financial institution – not the method of communication.
Here’s where it gets dangerous for defendants. Federal prosecutors routinely charge both crimes for the same conduct. You submit fraudulent loan documents to a bank, the bank mails you a denial letter or a check – boom, that’s mail fraud too. The mailing doesn’t even have to be part of your plan. According to the Justice Manual, the use of mail just needs to further the scheme in some way, even if it’s incidental.
The Exposure You’re Facing
Mail fraud carries up to 20 years in federal prison. If the scheme affects a financial institution, that jumps to 30 years. Bank fraud? Straight 30 years, no question, plus a fine up to $1 million per count. And here’s what clients don’t realize until we explain it – each mailing can be a separate count of mail fraud, each fraudulent bank transaction can be a separate count of bank fraud.
We’ve seen indictments with 15 counts of mail fraud and 10 counts of bank fraud for a single loan fraud scheme. That’s not the prosecutor being vindictive, that’s how these statutes work. Every time you mail a document, every time the bank mails something back, every time you withdraw funds or make a deposit using falsified documents – separate count.
Sentencing Guidelines calculate your exposure based on the loss amount and the number of victims. Bank fraud cases almost always involve sophisticated means enhancements because you’re targeting a federally regulated institution. Mail fraud cases get the same enhancements if you used multiple mailings or targeted vulnerable victims. Judges in 2025 are handing down sentences that exceed the Guidelines range because these crimes undermine confidence in the financial system.
Why Both Charges Appear in the Same Indictment
Prosecutors charge both because it gives them leverage. If you go to trial and beat the bank fraud charges, they still have the mail fraud charges as a backup. Bank fraud requires proof you targeted a federally insured financial institution with intent to defraud. Mail fraud requires proof of a scheme to defraud plus use of the mails. That intent element is identical, but the “use of mails” part is often easier to prove than showing you specifically targeted a financial institution.
Some defendants think they can argue the scheme wasn’t aimed at defrauding the bank itself. Those defenses rarely work. Even if they do work on the bank fraud counts, you still mailed fraudulent documents – and that’s mail fraud all by itself.
The Intent Requirement Is Everything
Both crimes require specific intent to defraud. That means the government must prove you knew your representations were false and you intended to cheat someone out of money or property. Negligence isn’t enough, recklessness isn’t enough – the prosecutor needs to show deliberate dishonesty.
This is where most cases get won or lost. Federal prosecutors build intent through emails, text messages, recorded phone calls, witness testimony from co-conspirators. We defended a businessman in a Ponzi scheme case where the government had emails showing he knew investor funds were being misused. That evidence made the intent element nearly impossible to challenge at trial, so we negotiated a plea that resulted in six months – far below the Guidelines range.
Intent also matters for charging decisions. If you made an honest mistake on a loan application or relied on an accountant’s bad advice – those facts can sometimes convince a prosecutor not to charge you at all. But you need an attorney making that argument before the indictment comes down, because after charges are filed, prosecutors rarely dismiss cases.
What These Charges Mean for Your Defense
Don’t talk to investigators without a lawyer. Federal agents will approach you before charges are filed and say they just want to hear your side. That’s a trap, every single time. Anything you say will be used to establish the intent element – even statements you think are exculpatory. We’ve seen defendants talk their way into indictments by trying to explain away suspicious transactions.
Bank fraud and mail fraud cases require attorneys who understand the federal system. Federal prosecutors have resources, time, and institutional expertise. They don’t bring charges unless they believe they can win at trial, which means your defense needs to start immediately.
Former federal prosecutors work at Spodek Law Group. They know how the government builds these cases because they used to build them. That insight matters when we’re negotiating with the U.S. Attorney’s Office or challenging evidence at trial.
Why Spodek Law Group for Federal Fraud Defense
Todd Spodek grew up working in his father’s law firm – he’s a second-generation lawyer who has handled federal criminal defense for years. Our team has represented clients in cases you’ve read about in the New York Post, Newsweek, and Bloomberg. We’ve secured acquittals in cases other firms said were unwinnable, negotiated plea agreements that kept clients out of prison when the Guidelines called for decades.
Bank fraud and mail fraud charges often come with conspiracy counts, money laundering charges, and asset forfeiture. The government will freeze your bank accounts, seize your property, force you to prove the money came from legitimate sources. We handle criminal defense, asset protection, sentencing mitigation – all of it.
If you’re under investigation or already charged, call us. We’re available 24/7 because federal cases don’t follow business hours. Agents execute search warrants at dawn, grand jury subpoenas arrive without warning, plea deadlines don’t wait for Monday morning.