1. The Indictment Sets Out the Federal Charges
Start with the caption, numbered counts, and allegations that each count adopts from earlier paragraphs. These parts identify what prosecutors charge, not what they have proved.
Read Each Count and Its Incorporated Allegations
Federal Rule of Criminal Procedure 7(c) requires the essential facts of an offense, not a full inventory of the prosecution's evidence. An introductory section may describe an alleged scheme while later counts identify individual wires. Read both together. A forfeiture allegation concerns property the government seeks and is not another wire fraud count.
Separate an Indictment from Other Charging Papers
A criminal complaint contains sworn allegations but is not a grand jury indictment. Rule 7 generally requires an indictment for a federal felony unless the defendant validly waives it and proceeds by information. California may prosecute separate fraud offenses under state law, including Penal Code § 532. Those charges follow state procedures, not the federal rules governing § 1343.
2. Each Wire Fraud Count Requires Separate Proof
For each count, prosecutors must prove a scheme to obtain money or property through material deception, intent to deceive and cheat, and an interstate or foreign wire used to advance an essential part of the scheme. The burden is proof beyond a reasonable doubt.
Examine the Alleged Deception and Intent
A contract dispute does not itself establish a fraudulent plan. Where fraud allegedly induced a bargain, the deception must concern its essential nature, such as price or quality. Yet the absence of net financial loss does not automatically defeat a wire fraud charge. The question is whether the alleged conduct meets the statutory elements.
The separate guide to wire fraud intent and evidence examines transaction records in more detail.
Connect the Charged Wire to the Scheme
An email or transfer need not contain the false statement itself. Prosecutors must connect the charged interstate or foreign communication to the alleged scheme and show that the defendant used or caused its use. Compare the count's date and communication with its claimed purpose. Account ownership alone does not settle who sent a message or acted with fraudulent intent.
| Indictment Allegation | Record to Compare | Question to Resolve |
|---|---|---|
| Material representation | Contract or email | What was actually promised? |
| Charged communication | Bank record or metadata | Was a qualifying wire used? |
| Connection to scheme | Count and transaction timeline | How did this wire advance it? |
3. Northern District Rules Determine Court Assignment
The investigating agency and the court have different responsibilities. Once prosecutors file charges, the docket and the court's local rules control assignments and hearings.
Identify the Filing Court and Assigned Judge
The FBI may investigate, but the U.S. Attorney's Office prosecutes federal charges. Under Northern District Criminal Local Rule 7-1, prosecutors identify the proposed courthouse in the charging document. The clerk assigns the case to a district judge and a criminal calendar magistrate judge. Check the case number and hearing notice before relying on an investigator's letter for a court date.
Distinguish Federal Venue from Courthouse Assignment
Criminal Local Rule 18-1 ordinarily assigns offenses allegedly committed in San Francisco County and designated nearby counties to the San Francisco courthouse at 450 Golden Gate Avenue. Federal venue is a separate question. It depends on the charged conduct, not simply the defendant's address. A reasonably available improper-venue objection generally must be raised before trial under Rule 12. Rule 18-2 also permits intradistrict transfer in specified circumstances.
4. Arraignment and Discovery Set Early Deadlines
Court notices and the assigned judge's orders should guide the defendant's calendar. An appearance, a disclosure conference, and a pretrial motion each serve a different purpose.
Distinguish Initial Appearance from Arraignment
At an initial appearance under Rule 5, a judge addresses rights, representation, and release or detention. At arraignment under Rule 10, the defendant receives the charges and enters a plea. These proceedings may occur together or on different dates. Any release conditions remain binding unless the court changes them.
Apply Both Discovery Conference Rules
Federal Rule of Criminal Procedure 16.1 requires the attorneys to discuss a discovery schedule within 14 days after arraignment. Northern District Criminal Local Rule 16-1 separately measures its ordinary 14-day conference period from the not-guilty plea. Neither deadline means that every requested document must be produced within 14 days.
If disclosure remains disputed, Local Rule 16-2 requires a motion to compel to identify the conference and unresolved issues. The broader rules for criminal evidence address admissibility and preservation beyond the timetable.
Check Motion Deadlines and the Speedy Trial Clock
Under Criminal Local Rule 12-1, the judge sets a deadline for pretrial motions. Rule 12 governs objections such as improper venue and qualifying indictment defects. Under 18 U.S.C. § 3161(c)(1), trial generally must begin within 70 days of the later of the public filing of the charges or the defendant's first appearance in that court, when a not-guilty plea is entered. Statutory exclusions, including certain motion proceedings, affect the count.
5. Frequently Asked Questions
Can Prosecutors Add Charges After an Indictment?
A grand jury may return a superseding indictment with revised or additional counts. Compare the new document with the earlier charges and check for new hearings or motion deadlines. A superseding indictment does not necessarily restart the Speedy Trial Act clock for charges already pending.
Can a Federal Court Appoint a Defense Lawyer?
Yes. Under 18 U.S.C. § 3006A, defendants financially unable to obtain adequate representation may qualify for appointed counsel. The court assesses eligibility and may appoint a federal public defender or a Criminal Justice Act panel attorney.
13 Nov, 2026
