Top Crownpoint, NM Telemarketing Fraud Lawyers Near You
4103 Chain Bridge Rd, Suite 300, Fairfax, VA 22030
320 East Buffalo Street, Suite 700, Milwaukee, WI 53202
196 Riva Avenue, Milltown, NJ 08850
11 South Randolph Street, Lexington, VA 24450
1930 Huguenot Road, PO Box 35655, Richmond, VA 23235
1301 W Missouri Ave, Midland, TX 79701
101 South Benton Street, Suite 201, Woodstock, IL 60098
10521 Judicial Dr, Suite 110, Fairfax, VA 22030
739 Main Street, PO Box 1430, Roanoke, AL 36274
1099 14th St NW, 8th Floor West, Washington, DC 20005
315 Oneida Street, PO Box 1148, Minocqua, WI 54548
212 West Pine Street, PO Box 1016, Garden City, KS 67846
1529 Laurel St, Columbia, SC 29201
291 Main Street, Box 214, Milford, MA 01757
100 S Broad St, Suite 2121, Philadelphia, PA 19102
2516 Washington Avenue, Alton, IL 62002
2000 Avenue of the Stars, Suite 200N, Los Angeles, CA 90067
64 Mount Vernon Rd E, Weymouth, MA 02189
2305 Broadway, Boulder, CO 80304
841 Worcester St, Suite E-346, Natick, MA 01760
355 Providence Hwy, Westwood, MA 02090
4427 Osage Beach Pkwy N, Osage Beach, MO 65065
4900 Fournace Pl, Suite 200, Bellaire, TX 77401
901 H St, Suite 400D, Sacramento, CA 95814
555 South 3rd Street, Columbus, OH 43215
Crownpoint Telemarketing Fraud Information
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How Does Telemarketing Fraud Work?
Telemarketing fraud is the practice of scamming or fleecing recipients of your call by falsely representing a legitimate business or other enterprise.
Typically, scammers begin the call by creating a sense of urgency within the recipient of the call — perhaps saying that the recipient has won a prize (a cruise, etc.) and must supply their credit card information to pay for a nominal deposit. While a large number of call recipients may hang up or refuse to comply, a certain percentage of individuals inevitably will comply, and this is the payoff for the fraudster.
Once purchase or cash advances have been made against the victim’s card the scammer disappears.
What Are Some Examples of Telemarketing Fraud?
There are a number of popular telemarketing fraud schemes, ranging from the free cruise or vacation scam to simple cold-calling for sales products that will never be delivered (nonexistent culinary products, beauty products, medical products, etc.).
Perhaps the most popular example of telemarketing fraud involves the overpayment scheme. In this scenario, fraudsters use the phone to call unsuspecting victims while adopting the persona of a collections or accounting agent for a legitimate business or government agency such as VISA or the IRS. Under this guise, the fraudster advises the victim that they are in debt, with interest accruing at an unacceptable rate, and that they must pay their debt outstanding immediately. By using the aura of authority to intimidate their victims — as well as by creating a sense of urgency in order to get the victim to comply immediately, without considering the consequences or reliability of the caller — fraudsters manipulate their victims into emptying their bank accounts.
Who Investigates Telemarketing Fraud?
The Federal Trade Commission (FTC) is charged with investigating most serious cases of telemarketing fraud.
What Is the Penalty for Phone Scamming?
At the federal level, telemarketing fraud and email fraud are bundled together in the United States Code. Per these guidelines, there is an automatic forfeiture of all proceeds gained from the fraud in order both to make restitution to the victim(s) while also acting as a punitive measure. Penalties can be enhanced if fraudsters are seen to be taking advantage of pensioners or the elderly, with mandatory penalties ranging from 5 to 10 years in jail.
Generally speaking, phone scamming and telemarketing fraud are also prosecuted under the broader federal fraud statutes (regarding mail or wire fraud). Such offenses can lead to a punishment of no more than five years in federal prison — before considering aggravating elements.
Though telemarketing and email fraud are typically investigated by the FTC and charges are generally laid in federal court, states are also empowered to levy civil fines and further penalties for minor infractions. Fines can range from $1,000 to $3,000 per offense, plus restitution for any ill-gotten gains.
Can You Go to Jail for Telemarketing Fraud?
Yes. Because telemarketing fraud is so closely connected to other forms of fraud at the federal level, it is certainly possible to face incarceration in federal prison in response to a conviction.
For this reason, you should immediately secure the services of a skilled criminal defense attorney if you are facing charges related to telemarketing fraud. Not only can an attorney who is knowledgeable in the field of fraud law help you to navigate your charges — and how best to deal with them — but attorney-client privilege protects your discussions, keeping them private and allowing for honest conversation.
In many cases, your lawyer may be able to negotiate with the prosecution in favor of a reduced sentence, perhaps avoiding the prospect of jail entirely. A plea bargain may involve further financial restitution, some form of community service or both. A conviction on federal fraud charges is a very serious matter, and repeat offenders — or those who are accused of defrauding pensioners or other vulnerable populations — could face a lengthy prison sentence if found guilty.