Probation for Mail and Wire Fraud After a 30-Month Request

Can you get probation for federal mail and wire fraud?

It happens. Joe Erickson pleaded guilty to mail and wire fraud over false invoices sent to a customer. The government asked for 30 months; after reading his narrative and nine character letters, the judge imposed five years of probation.

In 2018, Joe Erickson saw an FBI agent's business card with two words handwritten on it: "Call me."

He knew why. To keep a failing venture alive, he had sent false invoices to a customer. The fake billing covered a short-term cash problem and broke the trust of someone who had relied on him.

The course before the call

Joe hired a lawyer and said up front that he wanted to cooperate and make things right. His attorney explained that the government was threatening to indict him for mail and wire fraud. Joe did not know what either term meant. With a plea and cooperation, the attorney thought the case could point toward about five years.

Joe went to Google and YouTube and found our videos. Without speaking to anyone on our team, he bought our digital sentencing course. He read every template and watched every lesson. Then he called me.

What he couldn't write alone

Joe had never been in trouble and did not know the system. He put time into his preparation every day. He also knew that writing a long account of his life for a federal judge was more than he could do well by himself. He needed help turning what he understood into words on a page.

Our team built his life story with him. Working through it left him able to speak for himself with his lawyer, his probation officer, and eventually the judge. He did not explain away the invoices.

Nine people who knew him wrote letters.

Before sentencing, the U.S. Attorney offered a plea agreement for 30 months. At the hearing, the government asked for 30.

Five years of probation

After both sides spoke, the judge turned to Joe. He said the package gave him a much better perspective, and that the narrative and letters were among the best he had received. He imposed five years of probation. No prison.

Joe texted me while he was still being processed:

Justin,

All praise to God. They gave me probation. The US Attorney was asking the judge for 30 months.

The judge stated in court he wished he had friends like mine. He said he has read thousands of letters and nine were the best and most sincere he has ever read. Because of those letters and everything I have done since being investigated, the Judge gave me 5 years probation.

My family and I are unbelievably thankful.

I'm still being processed but maybe we can talk this week.

Joe opened the first lesson before he spoke to anyone. Start the same sentencing course, and keep a running list of every question it raises for your attorney.

Thank you,

Justin Paperny

Questions about this case

What is the difference between mail fraud and wire fraud? Both federal statutes target schemes to defraud; the difference is the method. Mail fraud (18 U.S.C. 1341) covers using the mail or a private carrier to further the scheme. Wire fraud (18 U.S.C. 1343) covers interstate wire communications such as phone calls, email, and electronic transfers. Prosecutors often charge both when a scheme used more than one. Joe faced both over false invoices sent to a customer.

Can you get probation for mail or wire fraud? It happens, and it is never guaranteed. The guideline range, driven largely by loss amount and criminal history, often points toward prison. Under 18 U.S.C. 3553(a), a judge can vary below that range, sometimes all the way to probation. In Joe's case, the government asked for 30 months and the judge imposed five years of probation.