Mail and wire fraud prohibit the use of the mails or interstate wires in furtherance of a scheme to defraud. Their breadth makes them the default charging tools in federal white collar practice.

Elements. A scheme to defraud, involving a material misrepresentation or omission; intent to defraud; and use of the mails or interstate wires in furtherance of the scheme. The mailing or wire need not itself be fraudulent — a routine confirmation email suffices.

Materiality means having a natural tendency to influence, or being capable of influencing, the decision of the person to whom it is addressed.

Property. The object of the scheme must be money or property. Courts have repeatedly narrowed theories that treat regulatory interests, or the right to accurate information, as property.

Honest services fraud is a distinct theory limited by decision to bribery and kickback schemes.

Good faith is a complete defense, because the offense requires intent to defraud. Reliance on advice of counsel, where genuinely sought and followed on full disclosure, is a recognized route to negating intent.

Each use is a count, which is how a single scheme becomes a multi-count indictment and how the guidelines calculation escalates.

Conspiracy and aiding and abetting extend liability to participants who never sent anything themselves.