Telemarketing Fraud

Federal Defense Lawyer Explains Telemarketing Fraud

Telephone marketing is a difficult job as many people strongly resent being called at their homes by people who are trying to sell them something. Because unwanted sales phone calls could be an intrusion of privacy, there are actually federal laws in place related to telemarketing that aim to protect consumers. Running afoul of those laws could lead to serious criminal charges.

If you are accused of violating federal laws prohibiting telemarketing fraud, you should be aware of the possible consequences of these charges and you should ensure that you make a strategic plan in response to charges. If you are serious about protecting your future, your best option is to reach out to LV Criminal Defense.

Our federal criminal defense law firm has extensive experience providing representation to defendants who have been accused of wrongdoing in connection with telemarketing. We understand the highly technical laws that apply to these types of crimes and we work closely with defendants accused of wrongdoing to fight for their futures.

We advocate for clients in California, Arizona, Oregon, Nevada, Utah, or surrounding areas who are charged with telemarketing crimes and we can put our extensive knowledge of the law to work for you. Give us a call today to find out more.

Federal Laws On Telemarketing Fraud

18 U.S. Code Chapter 113 is the part of the federal penal code that details telemarketing fraud offenses. There are three statutes within this chapter of the federal code:

• 18 U.S. Code section 2325 – Definition. This statute contains the definitions that apply throughout the four statutes found in 18 U.S. Code Chapter 113A. According to the relevant law, telemarketing and email marketing are defined to include plans, programs, or campaigns that involve interstate telephone calls, text messages, emails, or electronic messages. The messages must be intended to promote the purchase of goods or services; participation in sweepstakes or contests; charitable donations or contributions; investments for financial profit; participation in business opportunities; borrowing money on a loan; or participating in a fraudulent medical, research, or other study. The calls or messages must be initiated by a person conducting the plan, program, or campaign of marketing or by prospective purchasers or investors in order for a defendant to be convicted. Solicitation through posting, publications, brochures or catalogues will not typically constitute telemarketing or email marketing if the solicitation includes a written description of goods or services; the business address of the solicitor; and multiple pages of illustration even if the solicitor receives messages from customers via phone, mail, or text in response to the solicitation.
• 18 U.S. Code section 2326 – Enhanced penalties. This statute makes clear that committing a telemarketing fraud offense under 18 U.S. Code Chapter 113A could result in imprisonment for up to five years. However, enhanced penalties are imposed if 10 or more people over age 55 are victimized or if the telemarketing campaign was specifically targeted at seniors 55 and over. If seniors are the intended victims of the telemarketing fraud, then the defendant could potentially face 10 years of imprisonment if convicted.
• 18 U.S. Code section 2327 – Mandatory restitution. This statute sets forth the rules under which a defendant who is convicted of telemarketing fraud will be required to make restitution to victims.
• 18 U.S. Code section 2328 – Mandatory forfeiture. Under this statute, defendants who are subject to an enhanced penalty could be subject to forfeiture. The court could order that a defendant forfeit property, including real property and personal property, that is traceable to the profits that were obtained through telemarketing fraud. The court could also order that the defendant forfeit equipment, software, or other technologies that were used or intended to be used to commit a telemarketing fraud offense. The statute sets forth specific procedures that would need to be used in the event that a defendant was ordered to forfeit real property, personal property, or equipment as a result of the defendant’s being convicted of telemarketing fraud under 18 U.S. Code section 113A.

It is important that you understand all of the federal statutes that define the offense of telemarketing fraud and that establish both standard penalties and the enhanced penalties for this offense so you can be fully prepared to fight for yourself as you navigate the federal criminal justice system.

In order for you to be convicted, a prosecutor needs to prove every element of the crime of telemarketing fraud beyond a reasonable doubt. Simply causing questions to arise in the minds of the jurors could result in acquittal, so knowing what a prosecutor needs to prove can help you to decide how best to respond to charges.

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