Will I go to jail for Merchant Account Fraud ?

By max@dotcomlawyermarketing.com
August 9, 2024
4 min read
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Will I Go to Jail for Merchant Account Fraud?

Merchant account fraud is a serious federal crime that can carry severe penalties, including significant prison time. If you're facing allegations of merchant account fraud, you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand the gravity of these charges and are here to help guide you through this difficult situation.

What Exactly is Merchant Account Fraud?

Merchant account fraud occurs when individuals or businesses deliberately misuse merchant accounts to process fraudulent transactions or engage in other deceptive practices. This can take many forms, such as:
  • Setting up fake online stores to process stolen credit card information
  • Using a legitimate business to process fraudulent transactions
  • Submitting false applications to obtain merchant accounts
  • Engaging in "bust-out" schemes where large fraudulent charges are processed before disappearing
The key element is the intent to defraud financial institutions, payment processors, or consumers through the misuse of merchant accounts.

Legal Consequences of Merchant Account Fraud

The penalties for merchant account fraud can be severe, as it often violates multiple federal statutes. Some potential charges and sentences include:
  • Up to 20 years in federal prison for wire fraud (18 U.S.C. § 1343)
  • Up to 30 years for bank fraud (18 U.S.C. § 1344)
  • Up to 15 years for access device fraud (18 U.S.C. § 1029)
  • Fines of up to $1,000,000
  • Restitution to victims
  • Asset forfeiture
The exact penalties depend on factors like the amount of money involved, number of victims, and your criminal history. Multiple charges are common, meaning sentences can quickly add up.

Factors That Influence Potential Jail Time

While jail time is a real possibility for merchant account fraud, several factors influence whether you'll face incarceration and for how long:
Factor Impact on Sentencing
Amount of financial loss Higher losses lead to longer sentences
Number of victims More victims increase sentence severity
Role in the scheme Organizers/leaders face harsher penalties
Criminal history Prior convictions result in longer sentences
Acceptance of responsibility Pleading guilty can reduce sentence
Cooperation with authorities Assisting investigators may lead to leniency
It's crucial to work with an experienced federal criminal defense attorney who can navigate these factors and build the strongest possible defense strategy.

How We Can Help Defend Against Merchant Account Fraud Charges

At Spodek Law Group, we have extensive experience defending clients against complex federal fraud charges. Our approach includes:
  1. Thorough case analysis: We'll meticulously review all evidence to identify weaknesses in the prosecution's case.
  2. Challenge evidence: We'll work to suppress any improperly obtained evidence and contest the admissibility of digital records.
  3. Intent defense: Merchant account fraud requires proving intent to defraud. We'll explore defenses based on lack of knowledge or innocent mistakes.
  4. Negotiate with prosecutors: In some cases, we may be able to negotiate reduced charges or a plea agreement to minimize penalties.
  5. Sentencing advocacy: If conviction occurs, we'll fight for the most lenient sentence possible based on mitigating factors.
Remember, being charged doesn't mean you'll automatically go to jail. With skilled legal representation, it may be possible to avoid incarceration or significantly reduce potential sentences.

Don't Face These Charges Alone

If you're under investigation or have been charged with merchant account fraud, time is of the essence. The sooner you have experienced legal counsel on your side, the better your chances of a favorable outcome.At Spodek Law Group, we have a proven track record of successfully defending clients against serious federal fraud charges. We understand the complexities of these cases and the devastating impact they can have on your life and career.Don't wait – contact us today at 212-300-5196 for a confidential consultation. Let us put our knowledge and experience to work protecting your rights and fighting for your future.Remember, the prosecution is already building their case. You need a strong defense team in your corner. Call Spodek Law Group now and take the first step towards safeguarding your freedom.

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About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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