18 U.S.C. § 1344 — Federal Bank Fraud

By John Kirby

Federal Criminal Defense Attorney • Arizona • California • Federal Courts Nationwide

2026-06-25

This article provides a plain-English explanation of 18 U.S.C. § 1344, including the elements the government must prove, potential penalties, and common defense strategies.

Understanding This Federal Charge

Federal criminal statutes are codified in Title 18 of the United States Code (along with other titles for specific subject matter). Each statute defines specific conduct that Congress has criminalized, along with the penalties for violation. Federal prosecutors — Assistant United States Attorneys (AUSAs) — must prove every element of the offense beyond a reasonable doubt to secure a conviction.

Unlike state criminal laws, which vary by jurisdiction, federal criminal statutes apply nationwide and are prosecuted in United States District Courts. Federal cases are investigated by federal agencies — the FBI, DEA, ATF, IRS-CI, HSI, Secret Service, and others — and prosecuted by the U.S. Attorney's Office for the district where the alleged offense occurred.

Elements The Government Must Prove

In every federal criminal case, the government bears the burden of proving each element of the charged offense beyond a reasonable doubt. The specific elements vary by statute, but generally include:

• Actus reus — the criminal act itself (the conduct prohibited by the statute)
• Mens rea — the criminal intent (knowingly, willfully, intentionally, recklessly, or negligently, depending on the statute)
• Jurisdictional element — the connection to federal jurisdiction (use of interstate commerce, mail, wire communications, etc.)

Common Defenses

Defenses to federal criminal charges fall into several categories:

• Insufficient evidence — the government cannot prove one or more elements beyond a reasonable doubt
• Lack of criminal intent — the defendant did not act with the required mens rea
• Constitutional violations — evidence obtained through unlawful search, seizure, or interrogation
• Statutory defenses — specific defenses recognized by the statute or case law
• Statute of limitations — the charge was filed after the applicable limitations period expired

Penalties And Sentencing

Each federal statute carries specific statutory maximum penalties. The actual sentence is determined by the Federal Sentencing Guidelines, which calculate a recommended range based on the offense level and the defendant's criminal history. The statutory maximum sets the ceiling; the Guidelines provide the presumptive range.

In addition to imprisonment, federal convictions often carry fines, supervised release, restitution, and special assessments. Collateral consequences — loss of professional licenses, immigration consequences, loss of firearm rights — are common and often permanent.