DefensesStatute of Limitations
The statute of limitations for mail fraud and wire fraud
is five years (18 U.S.C. § 3282), except for mail and wire fraud
affect a financial institution, in which case the statute is ten years (18
COMMENT: Consider that a scheme may extend back beyond the
period; the gist of the offense is the use of the mails, and if the
use of the mails was within the period, the prosecution is timely.
O. Obermaier and R. Morvillo, White Collar Crime: Business and Regulatory
Offenses, § 9.04, at 9-67 (Rel. 2, 1991) (citing cases);
United States v. Garfinkel, 29 F.3d 1253, 1259 (8th Cir. 1994) (mail
scheme may continue after mailing). That a scheme may extend back beyond
limitation period does not preclude prosecution of an offense committed in
furtherance of the scheme within the period.
[cited in USAM 9-43.100]