Will I go to jail for E-Commerce Fraud ?

By Spodek Law Group
August 10, 2024
4 min read
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Will I Go to Jail for E-Commerce Fraud?E-commerce fraud is a serious offense, and the consequences can be severe, including the possibility of jail time. At Spodek Law Group, we understand the complexities of e-commerce fraud and the significant impact it can have on your life. In this article, we will explore the various aspects of e-commerce fraud, the potential penalties, and how our experienced attorneys can help you navigate this challenging situation.

Understanding E-Commerce Fraud

E-commerce fraud encompasses a wide range of deceptive practices aimed at obtaining goods or services online without paying for them. Common types of e-commerce fraud include:
  • Credit Card Fraud: Using stolen credit card information to make unauthorized purchases.
  • Identity Theft: Using someone else's personal information to commit fraud.
  • Phishing Scams: Deceptive emails or websites designed to steal personal information.
  • Account Takeover: Gaining unauthorized access to someone's online account to make purchases or withdraw funds.
  • Chargeback Fraud: Disputing a legitimate transaction to get a refund while keeping the purchased goods.
These fraudulent activities are taken very seriously by federal authorities, and the penalties can be severe.

Federal Penalties for E-Commerce Fraud

E-commerce fraud is often prosecuted under federal wire fraud statutes, specifically 18 U.S.C. § 1343. The penalties for e-commerce fraud can be harsh and depend on various factors such as the amount of money involved and the number of victims.
Offense Maximum Prison Sentence Maximum Fine
Wire Fraud Up to 20 years Up to $250,000 (individuals) or $500,000 (organizations)
Aggravated Identity Theft Mandatory 2 years (in addition to other sentences) Up to $250,000
Computer Fraud Up to 10 years (first offense) Up to $250,000
It's important to note that these are maximum penalties. The actual sentence will depend on various factors, including the defendant's criminal history and the specific details of the case.

Civil Penalties and Restitution

In addition to criminal penalties, those convicted of e-commerce fraud may also face civil penalties and be required to pay restitution to their victims. The Federal Trade Commission (FTC) can pursue civil cases against fraudsters, which can result in:
  • Monetary judgments
  • Asset freezes
  • Bans from certain industries
Restitution orders can be substantial, often amounting to the full value of the fraud plus interest. This can lead to financial ruin for many defendants, even after serving a prison sentence.

State-Level Penalties

While e-commerce fraud is often prosecuted at the federal level, state authorities may also bring charges. State penalties can vary widely, but they’re often just as severe as federal penalties. For example, in New York, grand larceny charges related to e-commerce fraud can result in up to 25 years in prison for the most serious cases under N.Y. Penal Law § 155.42.

The Importance of Experienced Legal Representation

If you’re facing e-commerce fraud charges, the stakes couldn’t be higher. That’s why it’s crucial to have experienced legal representation on your side. At Spodek Law Group, we have a deep understanding of federal fraud cases and a track record of success in defending our clients. Our approach includes:
  • Thorough investigation of the allegations
  • Challenging the prosecution’s evidence
  • Negotiating with prosecutors for reduced charges or penalties
  • Preparing a strong defense strategy for trial if necessary
Remember, the earlier you involve us in your case, the better we can protect your rights and work towards a favorable outcome.

Call Spodek Law Group Today

Don’t let e-commerce fraud allegations ruin your life. With the help of our experienced attorneys, we can fight for your rights and work tirelessly to achieve the best possible outcome for your case. Call us today at 212-300-5196 for a confidential consultation. Our team is ready to stand by your side and guide you through this challenging time. Remember, when it comes to e-commerce fraud charges, your choice of attorney can make all the difference. Choose Spodek Law Group – we’re here to fight for you.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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