What Is Fraud Activity in Connection with Electronic Mail?
Fraud in connection with electronic mail (email) has increased exponentially in recent years. It is an activity that is being closely monitored by law enforcement authorities. Fraud in connection with email that affects interstate or foreign commerce can result in federal criminal charges if any of the following take place:
- The accused sends an unauthorized email from a protected computer
- The accused uses a protected computer to send commercial emails to deceive recipients
- The accused falsifies the header of an email to deceive recipients
- The accused registers an email account using information that falsifies the identity of the registrant
If an email is used in any way to commit a crime that affects interstate or foreign commerce, then the person who is alleged to have used the email can face federal charges. If you are being investigated or prosecuted for fraud activity in connection with an email, then it is important that you speak to an experienced criminal defense attorney as soon as possible.
What Are the Common Types of Fraud in Connection With Email?
Fraud activity involving emails has gotten more deceptive and more powerful than ever. The information obtained in these emails is used to open fake accounts, purchase goods illegally, and make fake identifications. Some common types of fraud include email phishing scams, fake billings, and fake credit alerts. The information in these emails is meant to induce the user to give private information or account numbers to try to remedy any alleged problems.
What Are the Potential Penalties for Fraud in Connection With Email?
You can be fined for a conviction for fraud in connection with email and incarcerated in federal prison for up to five years if the offense was committed in the furtherance of any felony or you have a previous similar conviction involving unauthorized access of a computer. You can be incarcerated in federal prison for up to three years if your case involves 20 or more falsified electronic mail or online user account registrations or ten or more falsified domain name registrations. Other cases can result in a federal misdemeanor charge that carries a maximum of up to one year in jail.
The court will order you to forfeit any property that you got from committing this crime. This includes anything that was used to commit the crime or anything that can be traced back to the money you got from this crime. Any equipment, software, or other technology used or intended to be used to commit or facilitate criminal activity will also be seized. All money that is considered to be connected to any criminal activity will also be seized by the government, and you may have to sue the government to get it back.
What Are Some Common Defenses to a Fraud in Connection With Email Charge?
Fraud activity in connection with an email requires a specific intent to defraud another. This intent requires you to have a state of mind that you are being deceptive for the purpose of obtaining money or property that you know is not yours. A prosecutor can properly get a fraud in connection with email conviction if it is shown that you specifically intended to commit fraud to obtain money or property that is not rightfully yours.
If you are coerced or forced to commit an act of fraud by someone else, then that can also be used as a defense against fraud in connection with email. Your best defense will be determined by the facts and circumstances of the case. Make sure you have your case professionally evaluated by an experienced attorney.
In What Court Will Your Case Be Heard?
Federal criminal cases are filed and processed in federal District Courts across the country. There are three federal Districts in Pennsylvania, known as the Central, Middle, and Eastern Districts. Cases are filed and processed in the court that has proper jurisdiction over the matter.
If you disagree with a decision in a federal district court in Pennsylvania, then you have the right to appeal. This appeal must go to the United States Court of Appeals for the Third Circuit. If you want your case to be heard by the Supreme Court, then the Court must agree to hear the case as there is no right to be heard in the Supreme Court. Make sure to have an experienced attorney's help at any stage of litigation.
How Hiring an Experienced Attorney Can Help
If you are charged with a crime, then you should get an experienced lawyer. An experienced lawyer can help you properly understand the charges and evidence against you. This information in a case evaluation is important so you can build a defense. Experienced lawyers can also help you determine if it is best to go to trial or negotiate a deal.
If you want to negotiate a deal, then your lawyer can do so for you. An attorney can also give you advice on whether to accept an offer. Make sure that you understand all aspects of your case before you make any decisions. If you have questions, then contact us at The Lento Law Firm today so we can help!
Why Hiring Lento Law is the Right Choice
If you are being investigated or prosecuted federally for fraudulent activity connected to an email, then it is important to speak to an experienced federal criminal defense attorney right away. Attorney Joseph D. Lento has helped people defend countless criminal charges in several jurisdictions. Call the Lento Law Firm today at 888-535-3686 to learn why hiring Lento Law is the right choice to help defend your federal case.