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Fraud: Telemarketing Fraud

Miami Federal Criminal Lawyers

Telemarketing fraud is defined as the fraudulent selling of goods and services over the phone. The more common types of telemarketing fraud see the elderly and poor as prime targets. Telemarketing schemes to defraud function differently; however, all are intended to steal money or property from victims. Many reputable businesses use telemarketing as an effective means of advertising. Because telemarketing is so prevalent in the United States, individuals are able to create their own telemarketing schemes to defraud consumers.

Many telemarketing schemes are created with the intent to commit identity theft or to steal credit card information. After obtaining the personal information or credit card information, unauthorized purchases are made without the victim's knowledge. The most common victims are the elderly, the poor and individuals who lack skill in English.

Some of the telemarketing schemes to defraud that the Federal Bureau of Investigation ("FBI") have investigated include: advance fee fraud, pyramid schemes, securities fraud, overpayment fraud, and charity fraud. Telemarketing fraud is generally a criminal offense that is prosecuted in federal court. Anyone indicted for their involvement in a telemarketing scheme to defraud should contact a criminal attorney familiar with this offense and experienced in defending criminal cases in federal court. The Miami criminal attorneys at Donet, McMillan, & Trontz, P.A. have years of experience defending white collar crimes in federal court.

Advanced fees scams request that victims advance sums of money in exchange for a larger sum at a later date. Typically, e-mails are sent out requesting that a person's provide their credit card information to help pay for a service that cannot be obtained by an overseas party. In exchange for fronting the money, the credit card holder is promised a large amount of money in return. The victim never receives the original payment of the additional monies that were promised by the overseas party.

Pyramid schemes are another common type of telemarketing scheme to defraud. Investors pay an initial sum of money to join and are promised large returns as additional people join the pyramid. Once investments stop pouring into the scheme, the last investors are caught holding the bag and lose most, if not all of their investment.

Most telemarketing schemes to defraud operate under the same premise. The organizers of a telemarketing scheme will set up shop in rented office with multiple telephone lines called "boiler rooms". Numerous high pressure salesmen will set up in these offices and try to sell investments, seek charitable contributions and other solicit scams. Law enforcement agencies, especially government law enforcement agencies have been more vigorously investigating and prosecuting telemarketing fraud. The penalties for operating a telemarketing scheme can be extensive, ranging from prison sentences and large fines. Any potential sentence will be determined by the amount of loss suffered by the victims. The sentence will also be determined by the number and age of the victims.

To speak with an experienced criminal Miami federal white collar crime attorney at Donet, McMillan, & Trontz, P.A. about your federal case, or if you have questions regarding a matter involving any federal crime, please contact DMT to schedule a free consultation. You can call our office at (305) 340-2197 or reach us by completing the form on our contact page or by sending an e-mail. We are available 24 hours a day, 365 days a year to discuss your case.