Criminal Defense · Haute Lawyer Network
What Is Criminal Fraud?
Last reviewed: June 2026
Criminal fraud involves intentionally deceiving another person or entity to obtain money, property, or some other benefit to which the defendant is not entitled.
While fraud can be prosecuted under many different statutes, the core elements are consistent: a false representation of a material fact, knowledge that the representation was false, intent to defraud, the victim's reasonable reliance on the false representation, and resulting harm.
Common federal fraud charges include wire fraud — using electronic communications in furtherance of a fraud scheme — mail fraud, bank fraud, tax fraud, securities fraud, healthcare fraud, and mortgage fraud.
Wire fraud and mail fraud are among the most broadly applied federal statutes — virtually any scheme to defraud that uses phones, email, or the mail can be charged under these statutes, regardless of the specific type of fraud involved.
Frequently Asked Questions
What is the difference between civil fraud and criminal fraud?
Civil fraud is a tort claim seeking money damages for harm caused by fraudulent misrepresentation. Criminal fraud is a prosecution by the government seeking to impose prison, fines, and restitution. The same conduct can give rise to both civil and criminal proceedings simultaneously.
What is the mens rea for fraud?
Intent to defraud — the defendant must have knowingly made a false statement with the purpose of deceiving the victim. Good-faith mistakes, even serious ones, are not fraud.
What is the honest services fraud statute?
A federal law criminalizing schemes to deprive another of the intangible right to honest services — typically applied to bribery and kickbacks by public officials or fiduciaries who use their positions for personal gain at the expense of those they serve.
What is mortgage fraud?
Making false statements on a mortgage application — inflating income, misrepresenting the intended use of the property, using straw buyers, or providing false appraisals — to obtain a loan that the applicant would not otherwise qualify for.
How does cooperation with the government affect a fraud case?
Cooperation — providing substantial assistance to investigators and prosecutors — can result in a lower sentence through a government motion for downward departure. The value of cooperation and its risks should be carefully evaluated with an experienced defense attorney.
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