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“My attorney suggested I would serve 5 years. By proactively addressing sentencing mitigation, we achieved probation.”
Can you get probation for federal mail and wire fraud?
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:
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.
Written by
Justin Paperny
Founder White Collar Advice