Telemarketing fraud scams occur when individuals make phone calls to trick recipients into giving money or to trick people into providing personal and financial information that is improperly used without authorization from the caller. Defendants involved in telemarketing scams may be charged with a serious criminal offense if caught.
Raiser & Kenniff, PC provides legal representation to clients who have been accused of telemarketing fraud. We strive to help you avoid losing your freedom or losing money because of accusations that you’ve violated the law. We aim to protect your assets and rights, resolve your claim in a timely manner and to prevent you from having to serve time in prison. Whether this means presenting your case in a courtroom, fighting for the suppression of evidence or negotiating a plea deal, we are ready to help.
What is Telemarketing Fraud?
In short, telemarketing fraud involves calling people with materially misleading statements or false promises in order to convince them to part with valuable information or money. Examples include:
– Travel package scams: A recipient is told she has won a vacation, free of charge, but is first required to pay a small booking fee or tax.
– Charitable donation solicitations: A recipient is informed of an urgent need to make a contribution, but no such charity exists or the real charity will not receive the money.
– Debt or credit card relief offers: A caller tells the recipient he can benefit from easy debt relief solutions or he is eligible for a low interest rate loan.
– Foreign lottery scams: A caller informs the recipient that he has won a large sum of money or a prize but he must pay a small fee in order to receive the prize.
– IRS debt scams: A recipient is told he owes IRS back taxes and must pay back the money immediately to avoid wage garnishment, penalties and fees.
– Extended vehicle warranty scams: A caller urges the vehicle owner to purchase additional warranty coverage.
– Investment opportunity scams: A recipient is told he can take advantage of an investment opportunity.
– Free trial scams: A call recipient receives an offer for a free trial for signing up.
In any situation where the caller makes false promises or misleading statements and the victim loses due to those untruths, the caller could face criminal charges. Any co-conspirator who knows of the scam could also face charges even if he or she did not actively make the call.
Penalties for Telemarketing Fraud in New York
Penalties will vary depending on the amount of money that the individual obtained and how the scam happened. In other words, the greater the amount of money obtained, the more serious the penalty under Article 190 of the New York Penal Code. New York may punish certain types of fraud with more criminal charges, including charges for identity theft as a result of obtaining personal information or charges for making untrue statements in order to receive credit offers.
In some cases, federal officials can become involved in the prosecution of those suspected of telemarketing fraud. This may mean identity theft and wire fraud charges could result in maximum penalties of 20 to 30 years incarceration, depending on whether the defendant defrauded a financial institution.
Defendants may also be charged in civil lawsuits, and they are at risk of having accounts and assets seized and frozen if it is suspected that property was purchased from the scheme or that he or she obtained money through the fraud. As part of the criminal penalties for telemarketing fraud, a court may mandate restitution to the alleged victims, and the defendant will be required to pay back the funds allegedly taken. This means that property, money and freedom are at risk, and defendants must aggressively fight back against accusations.
How a New York Defense Lawyer Can Help
Raiser & Kenniff, PC understands fraud laws, and we know how federal and state authorities conduct investigations to prove their cases. We strive to do everything in our power to help you keep your money, avoid a guilty verdict or to reduce penalties if we are unable to assist you in escaping the consequences of alleged criminal actions. If you or someone you love has been accused of a telemarketing scam or other fraud crime, contact us today so that we can develop a legal strategy for your unique situation.