Mail and wire fraud charges are by definition federal charges. This is the result of the key jurisdictional element in each of the statutes. For mail fraud, use of the United States Postal Service is required to sustain a conviction. Since there are no state mail carriers, states typically do not adopt mail fraud statutes, leaving it to the federal government to prosecute these crimes.
Similarly, a conviction of wire fraud requires a finding of the use of wires in interstate commerce. Although, this requirement may arguably have been satisfied by an in-state wire transmission (via the interstate network), the interstate commerce requirement places the crime in federal jurisdiction.
The federal fraud statutes will often be brought in conjunction with state charges surrounding the underlying scheme. However, no violation of state law is required in order for a prosecutor to bring mail and wire fraud charges.
If you find yourself to be the target of an investigation or subject of an indictment, qualified legal representation must be your highest priority. The attorneys at Boles Holmes White, LLC are seasoned professionals who specialize in criminal defense in the areas of mail fraud, wire fraud, and honest services fraud.