Federal Telemarketing and Email Marketing Fraud Charges in New York
While participation in fraudulent schemes involving telemarketing or email marketing may be considered by the general public as a relatively low-level offense, the truth is that federal prosecutors and judges take these cases very seriously. Indeed, even defendants who played only a minor role in a telemarketing fraud scheme and profited minimally may potentially face a multi-year prison sentence and a significant fine – even if they have lived an otherwise law-abiding life. For those involved in schemes that targeted the elderly, enhanced penalties may apply and permit a judge to sentence the defendant to a period of incarceration as long as 30 years. Because the consequences of federal telemarketing and email marketing fraud charges are so severe in New York, it is crucial to seek aggressive legal counsel when facing these allegations.
How are Telemarketing and Email Marketing Fraud Offenses Charged?
In New York, those alleged to have participated in either a telemarketing or email fraud scheme are frequently charged with violations of federal law, typically wire fraud, in violation of 18 U.S.C. § 1343, or mail fraud, in violation of 18 U.S.C. § 1341. To be convicted pursuant to either statute, the government must establish at trial just three elements beyond a reasonable doubt: 1) a scheme to defraud; 2) wherein money or property was the object; and 3) that a mail service (mail fraud) or electronic communications (wire fraud) were utilized in some capacity to further the scheme.
A conviction pursuant to either of these statutes yields a sentence of up to 25 years imprisonment if the scheme occurred in connection with email or telemarketing fraud, as opposed to the 20-year maximum sentence that applies to most other mail and wire fraud convictions. See 18 U.S.C. § 2326(1). If the government can establish that either ten or more persons over the age of 55 were victimized as part of the scheme, or that the scheme involved the targeting of such persons in general, then the maximum sentence becomes 30 years imprisonment. See 18 U.S.C. § 2326(2)
Speak with a New York Defense Attorney About Email Marketing Fraud Charges
Given the harsh consequences of a conviction, a top federal criminal defense attorney should be retained if you or a loved one has been charged with telemarketing or email marketing fraud. Lawyers at the Law Offices of Jeffrey Lichtman have successfully handled countless federal fraud cases, exploiting holes in the prosecution’s evidence to achieve a positive resolution. Contact us today for a free consultation.