Will I Go to Jail for Tech Support Scams?

Introduction

If you're reading this, you may be worried about the legal consequences of being involved in a tech support scam. Maybe you or someone you know has been accused of participating in one of these schemes. At Spodek Law Group, we understand how stressful and frightening this situation can be.Tech support scams have become increasingly common in recent years. Scammers pose as representatives from well-known tech companies like Microsoft or Apple, claiming to offer technical support to unsuspecting victims. They may contact people through unsolicited phone calls, pop-up messages, or emails.The goal is to trick victims into giving the scammer remote access to their computer, revealing sensitive personal and financial information, or paying for unnecessary services or software. These scams can cause significant financial losses and emotional distress for victims.But what are the legal ramifications for those accused of perpetrating tech support scams? Can you really go to jail for this type of fraud? The answer is yes - tech support scams are a federal crime that can result in hefty fines and lengthy prison sentences.

Federal Laws Against Tech Support Scams

Tech support scams are prosecuted under several federal statutes, including:

• 18 U.S.C. § 1343 - Wire Fraud
• 18 U.S.C. § 1030 - Fraud and Related Activity in Connection with Computers
• 18 U.S.C. § 2511 - Interception and Disclosure of Wire, Oral, or Electronic Communications

Wire Fraud

The most common charge in tech support scam cases is wire fraud under 18 U.S.C. § 1343. To convict someone of wire fraud, prosecutors must prove four elements:

1. The defendant voluntarily and intentionally devised or participated in a scheme to defraud another out of money or property;
2. The defendant did so with the intent to defraud;
3. It was reasonably foreseeable that interstate wire communications would be used; and
4. Interstate wire communications were in fact used.

In the context of a tech support scam, this means that if you knowingly participated in a scheme to defraud victims by tricking them into paying for fake services or giving access to their computers, and this scheme involved interstate phone calls, emails, or electronic payments, you can be charged with wire fraud.Wire fraud is a serious felony offense. If convicted, you could face up to 20 years in federal prison, fines, and restitution to victims. And if the scam targeted or victimized people over age 55, you may face an additional 10 years imprisonment under the enhanced penalty provisions.

Computer Fraud

Tech support scams may also be charged under the Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030. The CFAA prohibits accessing a computer without authorization or exceeding authorized access to obtain information, commit fraud, or cause damage.If a tech support scammer tricks a victim into allowing remote access to their computer and then obtains personal information, installs malware, or causes other harm, they may be prosecuted under § 1030(a)(4) of the CFAA. This subsection makes it a crime to knowingly access a protected computer without authorization with intent to defraud, resulting in the obtaining of anything of value.Penalties for computer fraud under the CFAA depend on the specific circumstances but can include up to 10 years in prison for a first offense. Repeat offenders face up to 20 years.

Wiretapping

Another potential charge in tech support scam cases is unlawful interception of electronic communications under the Wiretap Act, 18 U.S.C. § 2511. It's a federal crime to intentionally intercept any wire, oral, or electronic communication without proper authorization.If a scammer intercepts a victim's email communications or electronic data transmissions during the course of the fraud, they could face an additional charge under § 2511. Wiretapping carries a maximum sentence of 5 years in prison.

Conspiracy Charges

Even if you did not directly interact with any victims yourself, you may still face criminal liability if you were part of a tech support scam operation. Prosecutors frequently use conspiracy charges to cast a wide net and implicate everyone involved in the scheme.Under 18 U.S.C. § 1349, anyone who conspires to commit wire fraud faces the same penalties as those who directly carry out the fraud itself. So if you worked for a company that was engaging in tech support scams, you could be charged with conspiracy and face decades behind bars.

Money Laundering

Additionally, many tech support scam operations engage in money laundering to hide their ill-gotten gains. If you participated in financial transactions designed to conceal the source of money derived from the scam, you could be charged under 18 U.S.C. § 1956.Money laundering carries stiff penalties - up to 20 years in prison and heavy fines. Prosecutors often pursue money laundering charges in addition to the underlying fraud offenses.

Recent Tech Support Scam Prosecutions

To understand how serious the consequences can be, let's look at some recent cases of tech support scams prosecuted by the Department of Justice.In July 2021, the DOJ announced that three individuals had been sentenced for their involvement in a massive tech support scam that defrauded over 7,500 victims, many of them elderly, out of more than $10 million. The defendants posed as representatives of Microsoft, LogMeIn, and McAfee, tricking victims into granting remote computer access and then charging them for unnecessary services.The leader of the scam was sentenced to 20 years in prison. His co-conspirators received sentences of 13 years and 7 years. They were also ordered to pay restitution of over $7 million.In another major case, 24 defendants were sentenced in 2018 for participating in a complex tech support scam network that operated via pop-up ads claiming the victim's computer was infected with malware. When victims called the phone number in the ad, they were routed to call centers in India, where scammers tricked them into paying hundreds or thousands of dollars for phony services.The defendants, who were located in the U.S. and India, received sentences ranging from 1 year to 20 years in prison. The court also entered judgments ordering the forfeiture of over $8.4 million.These cases illustrate the severe penalties you could face if charged and convicted for a tech support scam. With the risk of decades in federal prison, you cannot afford to take these charges lightly.

Defenses to Tech Support Scam Charges

Despite the serious nature of these offenses, you may have defenses available depending on your level of involvement and knowledge of the scam. Some potential defenses include:

• Lack of fraudulent intent: If you did not know the operation was fraudulent, or lacked the specific intent to defraud required for wire fraud charges, you may be able to assert this as a defense. However, willful ignorance is not a defense - if you deliberately avoided learning of the fraudulent nature of the scheme, you can still be liable.
• Minimal role: If you played a minor role in the scam and did not organize, lead, manage, or supervise others, you might be eligible for a reduced sentence under the "minimal participant" provision of the federal sentencing guidelines. But this is not a complete defense to liability.
• Entrapment: In rare cases, you may be able to argue that you were entrapped by law enforcement into participating in the scam. But this is a very difficult defense to establish, requiring proof that the government induced you to commit a crime you were not predisposed to commit.

Ultimately, the best defense will depend on the unique facts of your case. It's crucial to consult with an experienced federal defense attorney as soon as possible if you are under investigation or facing charges related to a tech support scam.

Conclusion

Tech support scams are serious federal crimes that can result in lengthy prison sentences. If you or someone you know has been accused of participating in one of these schemes, it's essential to understand the potential consequences and take action to protect your rights.At Spodek Law Group, our skilled federal defense attorneys have extensive experience handling complex fraud cases. We know how overwhelming and stressful this situation can be, and we're here to help. Our team will thoroughly investigate the allegations, explore all available defenses, and fight tirelessly to achieve the best possible outcome in your case.Don't wait until it's too late - contact us today at 212-300-5196 for a free and confidential consultation. Let us put our knowledge and experience to work for you.