Federal white-collar prosecutions are governed by two limitations statutes that matter more than most practitioners realize: the general five-year default of 18 U.S.C. § 3282, and the ten-year period of 18 U.S.C. § 3293 for bank fraud and a defined list of financial-institution offenses. This guide quotes both statutes in full and shows which offenses fall under each.
The Five-Year Default: 18 U.S.C. § 3282
Unless a longer period is expressly provided by law, federal prosecutions for non-capital offenses must begin within five years. The statute states:
“Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.” — 18 U.S.C. § 3282
This five-year period is the default for most fraud offenses, including mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), securities fraud, and the money-laundering offenses of 18 U.S.C. § 1956, except where a specific statute provides otherwise.
The Ten-Year Period for Financial-Institution Offenses: 18 U.S.C. § 3293
Congress extended the limitations period to ten years for a specific list of offenses tied to financial institutions. The statute states:
“No person shall be prosecuted, tried, or punished for a violation of, or a conspiracy to violate— (1) section 215, 656, 657, 1005, 1006, 1007, 1014, 1033, or 1344; (2) section 1341 or 1343, if the offense affects a financial institution; or (3) section 1963, to the extent that the racketeering activity involves a violation of section 1344; unless the indictment is returned or the information is filed within 10 years after the commission of the offense.” — 18 U.S.C. § 3293
Three consequences follow directly from the statutory text:
- Bank fraud (18 U.S.C. § 1344) carries a ten-year limitations period in every case, because section 1344 appears in paragraph (1) without qualification.
- Mail or wire fraud carries a ten-year period only “if the offense affects a financial institution”; otherwise the five-year default of section 3282 applies.
- RICO forfeiture proceedings under 18 U.S.C. § 1963 fall within the ten-year period to the extent the racketeering activity involves a violation of section 1344.
Conspiracy and the Charging Instrument
Conspiracy to commit bank fraud is charged under 18 U.S.C. § 1349, which states:
“Any person who attempts or conspires to commit any offense under this chapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.” — 18 U.S.C. § 1349
Section 3293 expressly covers “a conspiracy to violate” the listed offenses, so a conspiracy to commit bank fraud is subject to the same ten-year period as the substantive offense.
Why the Distinction Matters
The difference between five and ten years determines whether an investigation can still produce charges. A scheme that ended in 2021 may or may not be chargeable today depending on which statute the conduct violates and whether a financial institution is affected. Because the limitations analysis turns on the precise statutory text, this page reproduces the relevant provisions verbatim rather than summarizing them.
Jurisdiction in every such prosecution rests on 18 U.S.C. § 3231, which states: “The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States.”