18 U.S.C. 1349 punishes attempts and conspiracies to commit offenses in the federal fraud chapter by the same penalties prescribed for the intended offense. It does not supply one universal maximum or an automatic prison term. Identify the alleged underlying fraud before estimating exposure. [1]
The object offense controls
For example, ordinary wire fraud generally carries a maximum of 20 years, with a higher range for specified circumstances involving financial institutions or qualifying disaster-related benefits. A section 1349 charge based on that offense draws its authorized penalties from that framework. Other fraud objects can produce different results. [2]
The maximum is only one part of sentencing. Guidelines calculations, proven loss, individual conduct, criminal history, restitution, forfeiture, and other counts can matter. A multi-count indictment does not establish that every maximum will be imposed consecutively.
Agreement, knowledge, and participation
A conspiracy theory requires proof of the applicable agreement and mental-state elements. Working at a business where fraud occurred or knowing a participant does not automatically establish knowing participation in the charged scheme. The government can rely on circumstantial evidence, but association and guilt are not identical.
An attempt theory also requires its own legal analysis of intent and the conduct alleged toward committing the offense. A plan that failed is not automatically outside the statute, and an unsuccessful transaction is not automatically a proven criminal attempt.
Example: a business employee
An employee who processed ordinary invoices may have a different role from someone who knowingly fabricated invoices and coordinated false submissions. Review what the person knew, when they learned it, which transactions they handled, and communications showing intent. A job title alone cannot answer those questions.
Preserve original emails, accounting records, approval chains, and policies. Do not edit documents or contact witnesses in a manner that violates court orders or could be treated as interference.
Typical case stages
A case can involve investigation, charging, initial appearance and release decisions, discovery, motions, plea discussions, and trial or sentencing. There is no fixed timeline applicable to every prosecution. Cooperation or a plea can change practical exposure, but neither should be evaluated from a prosecutor’s informal estimate alone.
Ask counsel for a count-by-count chart separating statutory penalties, Guidelines estimates, financial obligations, and disputed factual assumptions. That makes the consequences of a proposed plea clearer than a single headline maximum.
Complex schemes may also raise RICO allegations. Financial exposure should be separated from general federal fine rules and the underlying fraud elements.
Primary sources
Sources checked: October 31, 2026.