Will I Go to Jail for Obituary Scams?

Introduction

Obituary scams are a disturbing new twist on an old problem. Scammers have long targeted grieving families with fake funeral invoices and other death-related fraud. But now, some scammers are taking it a step further by posting fake obituaries online, declaring people dead who are very much alive.At Spodek Law Group, we've seen an uptick in clients coming to us after finding their own obituaries posted on sketchy websites filled with low-quality, AI-generated content. If you or a loved one has been the victim of an obituary scam, you may be wondering - will I go to jail for this? The short answer is, probably not, as long as you weren't involved in creating or spreading the fake obituary. But there could still be legal consequences for the scammer.

What is an Obituary Scam?

An obituary scam is when someone posts a fake death notice or obituary online, often on a low-quality "news" site that publishes a stream of unrelated, keyword-stuffed articles. The obituaries are usually very short on details but heavy on searchable phrases, designed to show up in Google results.The goal is to drive traffic to the scammy site, which is full of ads, malware, or other monetized content. By using a real person's name, the scammers capitalize on that individual's network of family, friends, and acquaintances who are likely to search for them online.In some cases, the scammers may reach out to the supposedly deceased person's loved ones, posing as the funeral home or crematorium and asking for money. But more often, it seems to be a numbers game - post enough fake obits and some percentage of people will click through to your site.

Is Posting a Fake Obituary Illegal?

So, is it actually against the law to post a fake obituary online? The answer is, it depends. There are a few different charges that could potentially apply, depending on the scammer's intent and the harm caused:

1. False Personation

In some states, falsely impersonating a real person online with the intent to harm, intimidate, threaten or defraud is a misdemeanor or felony. CA Penal Code § 528.5So if a scammer posts a fake obit intending to cause the person emotional distress, they could potentially face criminal charges, especially if they reach out to the family for money while posing as a funeral home or other authority.

2. Defamation

Falsely declaring someone dead could also be considered defamation, if it damages their reputation. While it's usually a civil matter, defamation can sometimes rise to the level of a criminal offense. NY Penal Law § 215.50However, the scammer's defense would likely be that they never intended the obituary to be taken as fact, since the sites they post on are obviously unreliable. Defamation requires a false statement of fact, not just a tasteless prank.

3. Harassment

If posting the fake obituary is part of a larger pattern of harassment, the scammer could face charges for stalking, cyberbullying, or criminal harassment. 18 U.S. Code § 2261AThis is more likely if the scammer has a personal relationship with the victim and is using the obituary as a way to frighten, torment or terrorize them. Random obituary spam probably wouldn't qualify.

4. Fraud

If the scammer uses the fake obituary to solicit money from the victim's family and friends, that's textbook fraud. Collecting funds for a sham funeral or memorial would be considered obtaining money by false pretenses. 18 U.S. Code § 1343Wire fraud carries serious penalties, including up to 20 years in federal prison if the scheme was conducted across state lines or using interstate wires. Grieving families are especially vulnerable to this kind of predatory scam.

What To Do If You're the Victim of an Obituary Scam

If you find a fake obituary online with your name on it, the first thing to do is stay calm. Remember, you're not in trouble, and you won't go to jail for someone else's scam. Here are the steps we recommend at Spodek Law Group:

1. Document everything. Take screenshots of the fake obituary and any other posts, messages or content related to the scam. Save copies of any emails or texts you received about your supposed "death."
2. Report the scam. File reports with the FTC, IC3, and your local police department. Be sure to include all the documentation you've collected.
3. Contact the websites. Reach out to the site owners or hosts and demand that they take down the fake obituary and any other fraudulent content about you. Most will comply to avoid liability.
4. Notify your network. Let your family, friends, employer, and social connections know that any reports of your death have been greatly exaggerated. A simple social media post can help set the record straight.
5. Monitor your credit. Check your credit report for any suspicious activity or accounts opened in your name. Consider placing a freeze on your credit to prevent fraudulent applications.
6. Talk to a lawyer. If the scam has caused you significant harm or distress, you may have grounds for a civil lawsuit against the perpetrator. An experienced attorney can help you weigh your options.

At Spodek Law Group, our attorneys have deep experience with cybercrime and online fraud. We know how to track down anonymous scammers, build a case against them, and hold them accountable for the harm they've caused.

Obituary Scams and Identity Theft

One of the most concerning aspects of obituary scams is their potential to enable identity theft. Scammers often use fake obituaries to gather personal information about the victim, including their full name, date of birth, hometown, and family members' names.They can then use this info to open fraudulent accounts, take out loans, or file for benefits in the victim's name. In some cases, they may even try to assume the victim's identity entirely, using forged documents to "prove" the death was faked.If you suspect you've been the victim of identity theft due to an obituary scam, it's critical to act quickly. In addition to the steps above, you should also:

1. File a police report. Identity theft is a serious crime, and you'll need a police report to dispute any fraudulent activity on your accounts.
2. Contact the Social Security Administration. If the scammer has used your SSN, you may need to request a new number to prevent further fraud.
3. Notify your banks and creditors. Ask them to place alerts or freezes on your accounts to prevent unauthorized access.
4. Consider signing up for identity theft monitoring. Services like LifeLock and Identity Guard can help you detect and respond to suspicious activity more quickly.

At Spodek Law Group, we understand how devastating identity theft can be, both financially and emotionally. Our attorneys are here to help you navigate the process of restoring your good name and seeking justice against the scammers.

Protecting Yourself from Obituary Scams

While it's impossible to prevent scammers from posting fake obituaries entirely, there are steps you can take to minimize your risk and make it harder for them to target you:

1. Be selective about what you share online. The less personal information you have floating around on the internet, the harder it is for scammers to use it against you.
2. Use strong, unique passwords. Don't recycle the same password across multiple accounts, and enable two-factor authentication wherever possible.
3. Be cautious about online memorials. If you're creating an online tribute for a deceased loved one, be careful about including too many personal details that could be used for identity theft.
4. Monitor your online presence. Set up Google Alerts for your name and regularly search for yourself online to see what comes up. If you find anything suspicious, report it right away.
5. Talk to your loved ones. Make sure your family and friends know about obituary scams and how to spot them. If they receive any strange messages about your supposed "death," they should let you know ASAP.

At Spodek Law Group, we believe that knowledge is power when it comes to protecting yourself from scams and fraud. Our attorneys are always here to answer your questions and provide guidance on staying safe online.

Conclusion

Obituary scams may be a relatively new phenomenon, but they're just the latest variation on an age-old theme: scammers exploiting people's trust and vulnerability for financial gain. While it's unlikely that you would face criminal charges for someone else's fake obituary, the scam can still cause real harm to your reputation, your finances, and your peace of mind.If you've been targeted by an obituary scam, don't panic - and don't blame yourself. These scams can happen to anyone, and it's not your fault. The most important thing is to take action quickly to minimize the damage and prevent further fraud.At Spodek Law Group, we're here to help. Our experienced attorneys have seen it all when it comes to online scams, and we know how to fight back against the scammers. Whether you need help restoring your identity, pursuing a civil case, or just want someone to talk to who understands what you're going through, we're here for you.Don't let a fake obituary turn into a real-life nightmare. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation with one of our compassionate, knowledgeable attorneys. Together, we can help you move forward with confidence and peace of mind.