Facing Federal Telemarketing Fraud Charges?

Seeking Immediate Counsel from a Federal Defense Lawyer is Imperative

The earlier you receive expert counsel, the more likely your matter will end favorably. If you’re facing prosecution, contact us immediately.

Federal Telemarketing Fraud Charges in New York

Pursuant to 18 U.S.C. § 2325, an individual carrying out a fraudulent scheme through either a telemarketing or email campaign may be charged federally with wire fraud or mail fraud. To be convicted, the government must show a scheme to defraud in order to gain money or property, and that mail or electronic methods were used to further that scheme.

Hence, under Title 18 of the United States Code, Section 2325 and several subsequent sections, criminal prosecution may be initiated for fraudulent conduct which relies on these technological means. Finally, the means used to induce these actions by the defendant are not limited to phone calls or email. Under 18 U.S.C. § 2325, the use of text messages, instant messaging programs, or other electronic means.

Any allegation of fraud crimes and fraudulent telemarketing is a serious charge. A conviction in federal court can lead to a lengthy jail sentence and large fines. Only an experienced federal fraud attorney can help you.

Sentencing & Penalties in New York

Certain victims are particularly vulnerable to telemarketing and email marketing fraud scams and therefore federal law provides for increased penalties when these categories of victims are targeted.

• Under 18 U.S.C. § 2326, an additional 5-year term of imprisonment in federal prison can apply to those who carry out a fraud under Section 2325 against a victim aged 55 years or older.
• Under 18 U.S.C. § 2327, mandatory restitution, sets forth rules where a convicted defendant of telemarketing fraud will be required to pay restitution to victims.
• Under 18 U.S.C. § 2328, mandatory forfeiture, states that a defendant who is subjected to an enhanced penalty could also be subjected to forfeiture of real and personal property.

If the defendant's victims included 10 or more individuals aged 55 years or older, the enhanced penalty increases to a 10-year additional term of imprisonment.

How We Fight Federal Telemarketing Fraud Charges in New York

In the face of federal telemarketing fraud charges, it is of the utmost importance that your defense attorney pinpoint and isolate each required element and exploit those holes within the government’s case. While many merely associate telemarketing and email campaigns with general annoyance, in reality, the consequences for individuals carrying out such schemes can be severe if mishandled during litigation.

As noted above, significant enhancements may apply depending on the targeted victim. Further penalties will likely apply given that wire fraud is commonly charged alongside telemarketing fraud. Therefore, in a technical sense, defenses can and should be raised to show that, while a victim may be 55 or older, that class was not specifically targeted in an effort to effectuate the offense. Moreover, a federal defense attorney will work strategically to assure that the applicable sentencing guidelines are lowered by demonstrating a lower loss-amount and the absence of other aggravating factors.

Your Defense Begins Now

If you are accused of committing telemarketing fraud, wire fraud, or mail fraud, it is imperative that you hire a former prosecutor and seasoned criminal defense attorney who has dealt with these offenses on both sides of the courtroom. The steps your defense attorney takes, by way of investigation and creative advocacy, will increase your chances of successfully walking away from these serious accusations and shape the rest of your life.

The sooner you put your case in the hands of an experienced criminal defense lawyer, the more opportunity you will have to work toward a favorable outcome. Contact The Law Offices of Jason Goldman today.