As the name implies, telemarketing fraud charges come about as a result of
using a telephone to perpetrate an attempt to defraud. More specifically, it
is any fraudulent campaign to induce purchases through the use of a phone. For
federal charges, the calls must be interstate telephone calls.
The Federal Trade Commission adopts the rules surrounding unfair, deceptive, or abusive acts or practices in telemarketing (Title 15 of the U.S. Code, § 6102), such as requirements regarding prompt and clear disclosure and restrictions on the hours of the day when calls can be made.
Cases involving telemarketing fraud start with violations of other fraud-related laws. Because the fraud is committed via interstate telephone, the offense is subject to enhanced penalties. Title 113A of the U.S. Code defines telemarketing fraud (§ 2325), explains the mandatory restitution related to telemarketing fraud convictions (§ 2327), and lays out the enhanced penalties for using interstate calls to defraud, as well as for “targeting” elderly citizens (§ 2326).
The Federal Trade Commission’s attorneys are authorized to file civil actions in federal district court against criminal telemarketers engaged in fraud. The Department of Justice, the FBI, and state agencies also investigate and prosecute telemarketing abuses.
If you find yourself arrested, or under investigation, for telemarketing fraud, exercise your right to have an attorney present at every stage of the proceedings. Early and attentive representation provides your best opportunity to challenge the case at every stage, to have charges reduced, or, with the right defense, to have charges dismissed altogether. Contact an experienced federal criminal defense attorney at Joffe Law.
Call or contact Joffe Law today at 954.723.0007 for a Confidential Consultation regarding your case.
Joffe Law, PA
Miami Criminal Attorney
Representative case results include:
Latest Verdict: Trial attorney David Joffe is granted an acquittal for his client who was facing a mandatory life sentence if convicted in a federal drug importation case
As a result of masterful cross examination of six (6) key witnesses at trial, Mr. Joffe’s motion was granted to acquit his client of all charges in a federal drug importation case. The case involved 26 kilograms of cocaine and 5 kilograms of heroin. The Judge, a former prosecutor has not granted such a request in more than twenty (20) years of service on the bench. Mr. Joffe received positive written comments from more than twenty (20) peer attorneys.
David J. Joffe obtains not guilty jury verdict in federal drug case in forty (40) minutes after one (1) day trial. Client acquitted of 10 year mandatory jail sentence.
Defendant was convicted of two counts. The law firm again represented defendant on the direct appeal to the United States Court of Appeals in and for the Eleventh Circuit. The law firm was successful in having one count vacated and defendant was remanded for re-sentencing before the District Court. The Court sentenced defendant to non-reporting probation.
State Attorney dismissed marijuana possession case after reading one motion detailing improper search and seizure.
Male Charged with Mortgage Fraud Gets No Prison Time
Miami: 29 defendants charged in drug importation and credit card scheme and only ONE goes free! His attorney was David J Joffe!
20 year old female Gets Reduced Sentence for Drug Charge
Charges Dismissed on Battery of a Law Enforcement Officer
Ex-banker not charged with theft of goods through interstate commerce
Florida criminal defense lawyer, David J. Joffe successfully reduces sentence of Colombian crew men on freighter with two tons of cocaine