How a federal fraud case is structured
Federal fraud charges are usually brought by a U.S. Attorney's Office, sometimes with a Justice Department section in Washington, often after an investigation by agencies such as the FBI, the Postal Inspection Service, the Secret Service, or an inspector general. Felony charges usually come by grand jury indictment, and the most common counts include wire fraud, mail fraud, bank fraud, health care fraud, securities fraud, and conspiracy to commit any of them. Because these statutes are broad, a single scheme can produce many counts, often one for each wire or mailing charged. In New York, cases are typically filed in the Southern, Eastern, Northern, or Western District, each with its own practices. At the first appearance, a magistrate judge usually sets release conditions, and a pretrial services officer supervises them.
Discovery, guidelines, and the long middle
Federal fraud cases tend to involve large volumes of discovery: bank records, emails, phone extractions, and interview reports. Reviewing that material is slow, and much of the defense is built during that stretch. Sentencing in federal court is guided by the advisory sentencing guidelines, where the loss attributed to the offense, the number of victims, and a defendant's role often carry heavy weight, and judges have discretion to vary from them. Forfeiture of property and restitution to victims are common parts of any resolution. Because so much rides on how loss is calculated, disputes over the government's figures can matter as much as disputes over guilt.
Decisions in the early weeks
Release conditions should be read carefully, since violating them can lead to detention. Prosecutors sometimes raise cooperation or early resolution soon after charges, and any meeting with the government, including a proffer, should happen only after you and your lawyer understand its terms and its risks. Non-citizens need immigration advice before any plea, and professionals should consider licensing and reporting obligations. Do not discuss the facts with co-defendants or witnesses. As we begin, we go through the indictment with you, explain the timeline the court is likely to set, and plan how to review discovery so that decisions about trial or resolution rest on the evidence rather than on pressure.
