Adoption Scam Defense Attorneys

The Goal to Put an End to Adoption Fraud

There are far too many “adoption horror stories” around that can dissuade potential parents from adopting. One cause of this darker side of adoptions is the presence of scammers, con artists, and other perpetrators of scams who abuse the system and take advantage of people and, most unfortunately, innocent children for their own personal gain.

To minimize or prevent adoption scams, there are lengthy and complex procedures involved in the adoption of a child. In some situations, the scam might include the birth mother-to-be, the adoptive parents, or even the adoption professionals, and it is critical to stay vigilant and look out for indicators of a scam. On the other side of the coin, if you’ve been charged with fraud or you’re the subject of an investigation for an alleged adoption scam, it would behoove you to contact a well informed, federal defense attorney to defend your case in federal or state court.

Adoption Fraud Legislation

Many states do not have particular laws with regards to adoption fraud or various adoption scams. Nevertheless, many states will go after these scammers and charge them with crimes of theft by deceit, which can spell decades of incarceration, if convicted. The job of the “fake” adoption is to swindle money out of families by preying on their emotions and hopes to get a child.

DEFENSE TEAM SPOTLIGHT

Todd Spodek

Lead Attorney & Founder

Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.

NY Bar Admitted Multi-State Licensed Federal Courts

Meet the Full Team

Legal Scenario: What Would You Do?

Scenario

You and your spouse paid $35,000 to a private adoption facilitator who matched you with a birth mother, but after months of communication and additional payments for 'medical expenses,' you discovered the birth mother never existed and the facilitator has disappeared with your money. Now you've learned that federal investigators are looking into the same facilitator and want to interview you, but you're worried because you made some of the payments in cash at the facilitator's request.

Could I face any criminal liability for my role in this adoption scam, even though I was the victim?

Attorney's Answer

As the defrauded party, you are unlikely to face criminal charges, but it is critical that you cooperate carefully and with legal counsel present during any federal interviews. Adoption fraud schemes can trigger federal wire fraud charges under 18 U.S.C. § 1343 and mail fraud under 18 U.S.C. § 1341 against the perpetrator, and investigators may scrutinize all financial transactions to build their case. The cash payments, while not illegal on their own, could draw additional questions under federal anti-money laundering statutes if investigators suspect structured transactions designed to avoid reporting requirements under 31 U.S.C. § 5324. An experienced defense attorney can protect your rights during the investigation, ensure your victim status is clearly established, and help you pursue restitution through the federal proceedings.

This is general information only. Contact us for advice specific to your situation.

Types of Adoptions

The most common kinds of adoption include infant adoptions, state and court ward adoptions, relative adoptions, stepparent adoptions, international and interstate adoptions, and adult adoptions. Each of these kinds of adoption holds the potential for different scams, and because of this, it is exceedingly difficult to draft an all-inclusive law to address adoption fraud.

Examples of Adoption Scams