Romance Scam Accusations.

A romance scam allegation does not itself establish criminal fraud. While the term “romance scam” is used in the media to refer to fraudulent schemes used to obtain money from victims in the context of an online romance, romance scam cases are investigated under a variety of federal criminal laws. Proving criminal fraud generally requires proving that a defendant acted with a specific intent to defraud the victim (or others), which is a different standard from proving that the victim suffered a financial loss.

As a result, it is possible to prove that a defendant took money from their alleged partner, but that the defendant did not take the money through deception. For example, if the defendant’s requests were made with an intent to repay them, then a request for a loan may not be fraudulent, even if it is made in the context of an alleged romance scam.

Of course, romance scammers frequently use a set of common tropes and scripts to manipulate victims. As a result, these same tropes can create an appearance of fraudulent intent in cases where there is no intent to deceive. Some examples of these romance scam tropes and scripts include:

• Claims of a need for funds to relocate to the U.S.
• Claims of a need for funds to pay for urgent medical care or procedures.
• Claims of an opportunity for a lucrative investment.
• Claims that funds have been rendered inaccessible due to fraud or some other reason.

In the digital age, romance scammers use the internet and other online technologies to engage victims. Many romance scammers lure their victims into participating in fraudulent cryptocurrency schemes, and cryptocurrency is also used as a method of transferring funds in romance scams to avoid detection. Some romance scammers will even create sophisticated websites and use fraudulent documentation to convince the victim that the investment is real. Many of these romance scams are operated on a massive scale by criminal enterprises based in other countries.

How are messages, IP records, and transfer authority tested before charges?

In federal romance scam cases, prosecutors may rely on messages from dating apps and other social media platforms, email logs, financial records, and information identifying the device or connection the defendant allegedly used. Such records can be easily misinterpreted or manipulated, and defenses are available in many cases.

What is an IP address and can it identify a specific user?

The internet protocol address, or IP address, is a numeric identifier assigned to each device on a network. An IP address identifies either the device being used or the connection the device is using to access the internet, neither of which can identify a specific user on its own.

What are the problems with relying on digital evidence in romance scam cases?

Relying on digital evidence presents several problems in federal criminal fraud cases. These issues apply to allegations of romance scams, but similar concerns exist for allegations of other forms of fraud as well. As a result, before prosecutors can rely on the evidence obtained by federal agents during their investigation, they must affirmatively prove that the evidence meets the statutory requirements for authenticity and other purposes. Defenses to the use of digital evidence include:

• The evidence is not reliable or accurate.
• The evidence is not complete.
• The evidence is not authentic.
• The evidence was improperly acquired.

Do federal fraud cases normally involve financial and electronic records?

Yes, federal fraud cases, including those alleging romance scams, usually involve extensive financial records. This is especially true when the defendant is accused of taking cryptocurrency or receiving funds via a wire transfer. As a result, prosecutors may rely on financial records to support their allegations of romance scams or other forms of fraud. Federal agents and prosecutors may also obtain electronic records, and this type of evidence is also common in these cases.

Can prosecutors charge someone for a romance scam prior to the end of an investigation?

Yes, the government may bring formal criminal charges before it ends its investigations. Some federal grand juries will issue indictments before the investigation is complete, and criminal complaints can be filed in certain circumstances as well.

Can statements made during the investigation be used in a romance scam prosecution?

Yes, statements that individuals make during federal investigations can be used as evidence in subsequent criminal prosecutions. This is one reason it is important to seek legal representation prior to engaging with federal law enforcement.

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Which governments and cases can pursue the same disputed transfers?

An online communication can become evidence in a federal romance scam prosecution in a variety of scenarios. For example, if a defendant transmitted an online message to a victim that constitutes the “means or instrumentality” of the alleged romance scam, that message can constitute evidence of wire fraud. Similarly, an online transmission to a victim in another state can constitute a “transmission in interstate commerce.” While this can establish federal prosecutors’ involvement, establishing federal prosecutors’ involvement is not sufficient to establish federal jurisdiction in a case.

As a result, federal and state governments may both be interested in pursuing a romance-scam accusation. While different crimes can trigger federal involvement, these two authorities often overlap in romance scam cases. Furthermore, a federal investigation could involve various federal agencies depending on the allegations involved.

Can different statutes lead to prosecution based on the same facts?

Yes, and federal and state prosecutors can use different statutes to pursue the same (or related) conduct. While state and federal fraud statutes often carry similar penalties, they generally have different statutory elements as well. As a result, evidence that supports an allegation under one statute may not support an allegation under another.

Can a private lawsuit and a criminal prosecution proceed at the same time?

A private lawsuit alleging fraud can proceed at the same time as a federal criminal prosecution, and the civil and criminal cases can both be based on the same underlying conduct. The primary difference is that a private lawsuit is a civil matter, and the defendant generally faces financial liability rather than imprisonment.

What are the remedies and penalties in romance scam cases?

In a private civil lawsuit, a plaintiff may recover compensatory damages and, where authorized by statute or contract, punitive damages and attorney’s fees. However, in a federal romance scam case, defendants face the risk of incarceration, fines, and other federal criminal penalties. In addition to criminal penalties, federal prosecutors can also seek restitution. As a result, it is essential to seek advice from an attorney familiar with federal criminal cases who can advise on relevant defenses.

What penalties and deadlines follow if the allegation becomes a fraud case?

What are the penalties for a federal wire fraud conviction?

A federal wire fraud conviction ordinarily carries a statutory maximum sentence of twenty years’ imprisonment. When the alleged fraud targets a financial institution or involves a presidentially declared major disaster or emergency, however, the statutory maximum sentence increases to thirty years. In addition to incarceration, a defendant can face financial penalties as well, including restitution to the victim(s).

For individuals who are not U.S. citizens, there is also the risk of other consequences. Certain criminal convictions can trigger immigration consequences as well, and these can be in addition to incarceration and financial penalties.

How will a fraud conviction affect someone’s career?

In many cases, professional licensing may be at risk. Fraud convictions can affect both present and future employment as well, including the possibility of an employer terminating the convicted person’s employment. Even without a fraud conviction, having a fraud-related allegation filed against you (or in any other type of case, for that matter) can affect your present and future employment.

Are similar protections available in other jurisdictions?

Some examples of other jurisdictions’ fraud frameworks are provided below. State fraud laws vary in scope and application, and similar protections for accused individuals may be available outside of the United States as well.

• Georgia (The framework provided here is a general guide to Georgia’s approach to fraud cases)
• Georgia’s theft statutes provide different penalties for theft by deception and other theft offenses, including value-based felony provisions.
• For Georgia theft offenses, the value of the property involved can affect the penalty, but theft is not automatically a felony when the value is $500 or more; under the general penalty statute, value-based felony provisions ordinarily begin when the property is valued at $1,500.01 or more.
• If the alleged victim has suffered a loss of less than $500, then the alleged crime is a misdemeanor.
• The penalties in both types of fraud cases can vary, and this is just an example of the penalties that may be imposed in Georgia.

Where to Go From Here

If any of this describes your situation, the next step is a conversation rather than more reading. Spodek Law Group runs a fully online client portal and represents clients coast to coast, with offices in New York, Brooklyn, Queens and Los Angeles. The number is 888 348 8028.