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 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.

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 much trouble can you get in for scamming people online? ›

Internet fraud offenses are prosecuted under state and federal law. For example, federal law has the controlling statute 18 U.S.C. § 1343 that covers general cyber fraud and can carry a punishment of up to 30 years in prison and fines of up to $1 million depending on the severity of the crime.

What are the consequences of online scamming? ›

It can also lead to identity theft, where scammers can use your personal information for fraudulent activities, such as opening new accounts or making purchases in your name. Additionally, your personal and sensitive data could be compromised, potentially affecting your privacy and security.

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.

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]

Can police track a scammer? ›

REPORT THE SCAM.

While agencies can't always track down perpetrators of crimes against scammers, they can utilize the information gathered to record patterns of abuse which may lead to action being taken against a company or industry.

Can you track online scammer? ›

Tracing a scammer demands persistence, leveraging online resources, and often legal assistance. Initiating with digital footprints like email addresses or phone numbers, employing reverse search tools, and reporting to authorities can unearth valuable leads.

Can you go to jail for scamming Amazon? ›

Can you go to jail for scamming Amazon? Actually, yes you can. Amazon refund scams are prosecutable, like any other act of fraud.

How to put a scammer in jail? ›

It is generally best to file a police report on a scammer, reach out to your bank, and file a complaint with the appropriate federal agency as soon as possible after you have been scammed. To file a police report for a scam, you will need make a call to or visit the fraud division of your local police department.

Is online deception illegal? ›

Claiming to Be a Fictitious Person You Aren't

Though there are many in the civil arena, there are few in criminal law. Usually, they fall under the larger area of fraud or larceny, especially if the fraudulent profile was used to obtain money.

Can you go to jail for romance scamming? ›

It is not uncommon for involvement with an online dating scam to lead to indictment on multiple counts. Bukh Law Firm, PLLC has represented many clients facing the potential for decades of imprisonment.

Is scamming against the law? ›

The federal crime of wire fraud is found at 18 U.S.C. Section 1343. It provides the following elements of the crime: Devise a scheme to defraud another from money or property by false pretenses or misrepresentation.

Is online scamming a federal crime? ›

Many serious felony internet fraud crimes will be investigated and prosecuted by federal authorities. 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.

What can I do if I got scammed online? ›

Report the scam to their fraud department and keep screenshots of the transactions. Next, file a police report and send a copy to the P2P app provider. File a complaint with the Better Business Bureau (BBB). The BBB has a policy that helps fraud victims report their cases to the P2P service.

What is scamming called legally? ›

In law, fraud is intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right.

Is scamming technically illegal? ›

The federal crime of wire fraud is found at 18 U.S.C. Section 1343. It provides the following elements of the crime: Devise a scheme to defraud another from money or property by false pretenses or misrepresentation.

What is the federal law against scamming? ›

The Law Against Fraud

Under 18 USC § 1341 – Frauds and Swindles, anyone that devises or intends to devise a scheme to defraud, or obtain money or property by false or fraudulent pretenses shall be fined no more than $1,000,000 or imprisoned for a maximum term of 30 years, or both.

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.

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