Can You Go to Jail For Scamming Someone Online? | Helfend Law Group (2024)

Online scams are more prevalent than ever. Americans lost around $4.2 billion to online scams in 2020, according to a study by the website Social Catfish.

That was a significant increase versus the prior years, with all signs showing that online fraud has become even more commonplace since then. Whether it’s fake online stores, social media romance traps or cryptocurrency fraud, it seems like online scams are everywhere these days.

But what happens if you get caught orchestrating or participating in an online scam? You can be charged with wire fraud.

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  • What is online scamming?
  • What is wire fraud?
  • How federal wire fraud investigations work in online scam cases
  • Can you go to jail for scamming online?
  • What should I do if I’ve been accused of participating in online scams?

What is online scamming?

Online scamming refers to any type of fraudulent activity that takes place online. This can include anything from setting up fake online stores to selling counterfeit products, to credit card fraud, identity theft, health care fraud, social media romance scams and cryptocurrency fraud.

Online scammers will often try to take advantage of people by promising something that is too good to be true, such as a free product or unrealistic returns on an investment. Internet fraud is often prosecuted as wire fraud, which can carry serious penalties.

What is wire fraud?

Wire fraud is a federal crime. The federal government has a number of agencies that investigate and prosecute wire fraud cases. These agencies include the Federal Bureau of Investigation (FBI), the United States Postal Inspection Service (USPIS) and the United States Secret Service (USSS).

In order for the federal government to prosecute a wire fraud case, it must meet a number of criteria. First, there must be a scheme to defraud someone of money or property. Second, there must be use of interstate wires (e.g., the internet, telephone or postal service) in furtherance of the scheme. And third, at least one person must have been defrauded in order for the government to bring charges.

How federal wire fraud investigations work in online scam cases

The federal government gathers evidence in online scam cases through a variety of means. One common way is by obtaining search warrants. Law enforcement will obtain a search warrant from a judge authorizing them to search for and seize evidence related to the online scam. This may include computers, cell phones, bank records and other documents.

Another common way the federal government gathers evidence is through subpoenas. A subpoena is a legal document that orders someone to provide certain documents or testimony to law enforcement. The recipient of a subpoena is usually required to comply with the order or face penalties, such as fines or imprisonment. For online scams, the federal government can subpoena information from your internet service provider and any platforms you might be using to gather evidence about your actions online.

Federal investigations into online scams can take a significant amount of time. The FBI, USPIS and USSS all have very stringent guidelines they must follow in order to build a successful case. This often means that these agencies must gather a large amount of evidence before they can make an arrest.

In some cases, the federal government may work with state or local law enforcement to make an arrest. However, in many online scam cases, the federal government will act as the primary investigator and prosecutor.

The length of a federal investigation into online scams can vary greatly. It could be a few months, or it could take years. In some cases, the government might drop the investigation if it doesn’t feel like it has enough evidence to prosecute.

Can you go to jail for scamming online?

Yes, you can go to jail for online scams. The federal government takes online fraud very seriously, and it has a number of laws that make online scamming punishable by jail time.

The maximum sentence for wire fraud is 20 years in prison. However, the actual sentence a person can receive if convicted would depend on a number of factors, such as the amount of money defrauded and the defendant’s prior criminal history.

In some cases, online scammers have been sentenced to much longer than 20 years in prison. In 2019, a man was sentenced to 30 years in prison for his role in an online romance scam that defrauded women out of more than $1 million.

While it’s certainly possible to go to jail for online scams, it’s important to remember that every case is different. The sentence you would receive if convicted would depend on the specific facts of your case.

What should I do if I’ve been accused of participating in online scams?

If you are under federal investigation, there are a few things you can look for. First, the government may send you a target letter informing you that you are the subject of an investigation. The letter will typically state the nature of the investigation and the crimes that you are suspected of committing.

The government may also contact you or your family and friends to try and gather information about you. Law enforcement may visit your home or place of employment to ask questions or seize evidence. You may also receive a subpoena ordering you to provide documents or testify before a grand jury.

If you are under federal investigation or are facing federal charges, it is important to seek legal representation. An experienced criminal defense attorney can help guide you through the process and protect your rights.

Robert M. Helfend is a federal criminal defense attorney with more than 30 years experience defending wire fraud cases. If you or someone you love has been accused of being involved in an online scam, call us today for a free case review – 800-834-6434.

Can You Go to Jail For Scamming Someone Online? | Helfend Law Group (2024)

FAQs

Can You Go to Jail For Scamming Someone Online? | Helfend Law Group? ›

The penalty for wire fraud can include fines, restitution, and up to 20 years in federal prison. Another federal offense available to prosecutors is computer fraud. This crime is located at 18 U.S.C. Section 1030.

Can you go to jail for scamming people online? ›

Internet fraud offenders may face imprisonment as one of the potential penalties, depending on their unlawful acts and various factors that determine its severity. A prison term could last from 1-30 months depending on your convictions for internet crime and possible fines that come along with it.

Is scamming punishable by law? ›

Punishment usually includes a prison sentence, an order of restitution to make the victim whole again, and fines. State and federal laws determine the criminal penalties for fraud. For example, state law may deem fraud a misdemeanor or felony based on the amount of money the fraudster obtains.

Can the police do anything about an online scammer? ›

Legal Recourse and Justice: The police can initiate investigations that may lead to arrests and legal action against the perpetrators. This not only brings about justice for victims but also serves as a deterrent for would-be scammers.

How many years in jail for scamming? ›

Bank fraud: A fine of up to $1,000,000 and/or a prison sentence of up to 30 years. Mail fraud: A maximum prison sentence of up to 20 years. If the scheme also involved a bank, the potential fine increases to up to $100,000: [18 U.S.C. Section 1343]

What kind of scamming is illegal? ›

The FTC investigators bring fraud charges in cases involving a wide range of online fraud, including identity theft, fake sweepstakes, credit scams, and more. You can also file fraud complaints with the Federal Bureau of Investigation (FBI) and local law enforcement.

Is online deception illegal? ›

The act of impersonating someone else can be criminal whether you're pretending to be a particular person who does exist or you've made up a fictional identity. The latter is commonly known as “phishing” or “catfishing.”

Is online scamming a federal crime? ›

Since fraudulent transactions over the internet normally cross state lines, they can be charged as a federal offense which carry more severe penalties than a state crime.

How to punish a scammer? ›

The maximum punishment for frauds as specified in Section 447 is imprisonment for a term which shall not be less than six months but which may extend to ten years and fine which shall not be less than the amount involved in the fraud but may extend to three times the amount involved in fraud.

Can you call the cops on someone for scamming you? ›

If you suspect a scam, there are a few important steps you should take right away. Contact your local police or sheriff's office to report the scam. Contact your state attorney general. Visit the National Association of Attorneys General.

Can a scammer be traced? ›

Scammers are masters at hiding their identities. But the more information you can gather, the better chance law enforcement will have of tracking them down. Ideally, you'll want to save any conversations, and write down notes and details that could help pinpoint the fraudster's true identity and location.

Do banks refund scammed money? ›

If you've transferred money to someone because of a scam

This type of scam is known as an 'authorised push payment'. Your bank or building society should reimburse you if it's registered with the Lending Standards Board under their Contingent Reimbursem*nt Model Code (CRM Code).

How do I report a scammer to FBI? ›

Contact the FBI at (202) 324-3000, or online at www.fbi.gov or tips.fbi.gov. Contact the Department of Health and Human Services, Office of the Inspector General at 1-800-HHS-TIPS, or online at www.oig.hhs.gov . Contact the Internet Crime Complaint Center (IC3) online at www.ic3.gov.

Can someone go to jail for scamming online? ›

Yes, you can go to jail for online scams. The federal government takes online fraud very seriously, and it has a number of laws that make online scamming punishable by jail time. The maximum sentence for wire fraud is 20 years in prison.

Can you go to jail for romance scamming? ›

The federal government has laws prohibiting Internet Fraud, identity theft, and bank fraud, among many other criminal laws. A charge of wire fraud or mail fraud for using wire service or the postal service in a wire transfer scam or any type of online romance scam can also lead to between 20 and 30 years imprisonment.

How much money is considered a federal offense? ›

If the total value of the property stolen is $1000 or less, it's a federal misdemeanor. If convicted, you could face up to one year in federal prison and fines of up to $100,000, If the total value exceeds $1000, it's a felony offense.

What happens if you are scammed online? ›

Many banks and cards will cover scams and return lost money, so ask them for a refund or to reverse the transaction. If you've only given personal information, it could still be used to steal your identity. Turn on credit fraud monitoring or, if you're able, freeze your credit.

What counts as scamming online? ›

Scammers try to collect personal information.

They may ask you for your bank details so they can transfer 'a prize' (for a competition you didn't enter) into your account, or threaten that they will lock your account if you don't give them personal information to 'verify' your identify.

Is cyber scamming a crime? ›

Cyber crimes are crimes that involve the use of a computer or electronic device such as a smart phone. Many different kinds of crimes fall under this umbrella, including email phishing, fraud schemes, bullying, stalking, and child p*rnography, to name a few.

Can you go to jail for tricking someone into giving you money? ›

Penal Code 532 PC prohibits theft by false pretenses – which is defined as defrauding someone of money or property by way of false promises or representations. The offense may be prosecuted as a misdemeanor or a felony and carries a penalty of up to 3 years in jail or prison.

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