Pennsylvania Criminal Defense Attorney’s Internet Crime Infomation Overview

Computer crime costs as much as $50 billion per year. Public awareness and law enforcement vigilance are growing. If you have been charged with an Internet Crime, contact a knowledgeable attorney to understand your rights and options.

The Internet has changed everyday life in ways too numerous to count. Instantaneous communication with people all over the world has become commonplace. The new technology has also created new legal issues, particularly in the criminal-law area. If you are charged with a crime related to Internet usage, you should consult with an attorney who is experienced in the Internet law field.

Selecting the right defense attorney is as important as selecting the right doctor for life-saving surgery. Pennsylvania Criminal Defense, Inc. is a law firm that concentrates heavily on criminal matters such as possession of child pornography, Internet sex crimes, hacking and credit card theft. We represent clients before all municipal, state and federal courts in Pennsylvania (including Philadelphia, Harrisburg, Lebanon, Carlisle and Lancaster) and New Jersey.

If you’ve been charged with an Internet crime in Pennsylvania or New Jersey, call Pennsylvania Criminal Defense, Inc. toll-free at (866) 535-2378. We offer a free initial consultation. Emergencies are handled 24 hours a day, 7 days a week.

Conclusion

As the Internet continues to develop, new legal issues will also develop. New types of crime, and new theories for criminal prosecution, will be implemented to meet the continually evolving state of the online world. Internet crime is undergoing constant change. If you are charged with an Internet crime, you need expert legal advice from an attorney who is knowledgeable in this area of the law. Expert legal counsel is the best way you have of protecting your rights.

Pennsylvania Criminal Defense Attorney Explains 4-1-9 Scams

Many people who use the Internet have received an e-mail message, offering a fabulous sum of money in exchange for help in transferring money out of a country, usually Nigeria. Your business may have received a fax that makes a similar offer. These offers are part of a fraudulent scheme, known as a “4-1-9 scam,” after the section of the Nigerian Criminal Code that outlaws such fraudulent schemes. If you have been involved in a 4-1-9 scam, you should consult with an attorney experienced in the area of Internet crime.

How Does a 4-1-9 Scam Work?

The scam starts with a message from an unknown sender, who claims he got your name either by chance, or because he heard you were trustworthy. In either case, you are his last chance for help.

The sender claims to be a family member or close friend of either a former government official or an important businessman, who lost his life during some political upheaval. Before the sender’s friend or relative died, he managed to deposit a very large sum of money-typically, more than $1 million-in a bank account. For various reasons, the sender needs the help of someone outside of Nigeria to get the money. You are promised anywhere from fifteen to fifty percent of the money in the account if you help. You are asked to provide information about your bank account, so the transfer can be made.

Often, the scam ends here, as the perpetrators use the information sent to loot the victim’s bank account. Sometimes, the scam continues, as the victim is sent documents to show that the transfer is taking place. Inevitably, “problems” arise, and the victim is asked for a cash advance, to pay bribes to corrupt officials, or “administrative costs.” Often, several “advance fee” payments are requested. Many fraud artists disappear after collecting several of these payments, or when they conclude that no further payments are coming.

If the scam continues, victims are asked to meet with the perpetrators, to conclude the transfer of the cash. Some victims have been asked to travel to Nigeria, where they have been physically assaulted, and had yet more money extorted from them. Other victims are told to travel to a neutral city, usually London, Amsterdam, or Madrid, where the transfer will be made in a hotel room. When the parties meet, the victim is handed a suitcase that supposedly contains the victim’s share of the money. The suitcase is full of pieces of black paper, the same size and shape as U.S. currency. The victim is told that the “bills” were specially treated so they could be taken out of the country without suspicion. The “bills” must be cleaned with a special cleaner, which the fraud artists will sell for anywhere from $10,000 to $500,000. If the victims follow through and buy the “cleaner,” they find that they are stuck with a suitcase full of worthless paper.

One of the main reasons 4-1-9 scams continue, despite the fact that they may seem to be so clearly suspicious, is the lure of easy money. Victims are taken in by the prospect of a lot of money coming to them “risk free.” The other reason is that many victims are reluctant to come forward out of embarrassment at being taken in by what was, in retrospect, an obvious fraud.

Pennsylvania Criminal Defense Attorney Explains Child Pornography

The Internet has become the common means for the distribution of child pornography. The Internet offers those involved in child pornography both anonymity and a much expanded range of resources. Child pornography is, however, illegal virtually everywhere in the world, and child pornography cases are prosecuted vigorously. If you are facing charges that relate to an alleged involvement in child pornography, you need the expert assistance of an attorney with experience handling child pornography cases.

What is Child Pornography?

Federal law (18 U.S.C.A. ยง2256) defines child pornography as a visual depiction of sexually explicit conduct that involves a minor or an “identifiable minor.” A “minor” is any person under the age of eighteen. An “identifiable minor” is someone who was a minor when the image was created or whose image when they were a minor was used to create the depiction of sexual activity (for example, by digitally editing a picture). The definition of “sexually explicit conduct” includes sexual intercourse, masturbation, bestiality, sadistic or masochistic acts, or the “lascivious exhibition of the genitals or pubic area . . . .” Some courts have held that a “lascivious exhibition” does not necessarily mean nude, but can also refer to focusing on the clothing over the genitals or pubic region. Many states define child pornography in a similar manner.

Laws Restricting Child Pornography

Unlike other forms of sexually explicit material, child pornography is banned even if a particular item does not meet the legal definition of “obscenity.” There is no constitutional right to possess, distribute, or produce child pornography.

Federal law prohibits the importation, mailing, or transmission via the Internet of child pornography. Federal law also prohibits possession of child pornography. A person who sells or distributes child pornography may be sentenced to a prison term of five to fifteen years. A person who possesses child pornography may receive a prison sentence of up to five years. In addition, the federal government may obtain a court order that allows it to seize any property that relates to child pornography. This seizure may include photographic equipment, computers, or even the money made from selling child pornography.

It is a defense to child pornography charges that the person charged did not know that minors were depicted. Federal laws that prohibited the use of images that appear to be minors, but are not, have been held to be unconstitutional.

State penalties for possession or distribution of child pornography vary widely. In some states, the offense of possession is a misdemeanor, while in others, it is a felony that may result in a lengthy jail sentence. In most states, distribution of child pornography is a felony, involving prison sentences of many years. Many state laws also call for the imposition of substantial fines, instead of, or in addition to, prison time. State laws often call for those convicted of child pornography offenses to register as sex offenders.

Conclusion

Child pornography is a crime that law enforcement, as well as the community at large, takes very seriously. Considerable time and resources are devoted to the investigation and prosecution of child pornography possessors and distributors. If you, or someone you know, are being investigated or charged in connection with child pornography, it is important to obtain expert legal assistance. An experienced defense attorney can give you the assistance you need to protect your rights.

Pennsylvania Criminal Defense Explains Identity Theft

“Identity theft” is the use of someone else’s personal information without their permission. The information may include Social Security numbers, credit card numbers, or a person’s name. Identity theft is a growing problem, and prosecutors and law enforcement are growing more aggressive in their efforts to fight it. If you have been charged with identity theft, it is important that you obtain the assistance of expert legal counsel as soon as possible.

How is Someone’s Identity Stolen?

People give out personal information in many different types of transactions. Buying groceries often involves writing a check, and the check has a bank account number printed on it. Making a purchase online or over the telephone requires release of a credit card number. Filing taxes or applying for a job involves turning over a Social Security number. Personal information is put out in a multitude of ways every day.

Identity theft can happen when a wallet or purse is stolen, or when a person’s mail is diverted or stolen. Thieves have been known to go through trash receptacles, looking for old bank deposit tickets, credit card statements, or anything that might have personal information on it. Identity thieves are sometimes able to take information from Internet transactions. In some cases, dishonest employees will take information provided to their employers and either sell it to others or use it themselves.

Consequences of Identity Theft

Once a person’s identity is stolen, the information is used in many different ways. The most common is for the thieves to use their victim’s credit card accounts or apply for new accounts in their victim’s name. These credit card accounts are run up to the maximum, and never paid. Other common uses of a stolen identity include obtaining telephone service, or taking out auto loans in the victim’s name. As with the charge accounts, the thief never makes a payment on these accounts.

The victim is left to deal with the consequences of the theft. The victim is forced to spend countless hours closing accounts and generally clearing up the problems caused by the theft. Many victims have found their credit rating ruined by thieves who run up immense debts in their name.

Federal law makes identity theft a felony. The maximum punishment is imprisonment for up to fifteen years, plus forfeiture of all of the assets obtained as a result of the fraud. A fine also may be imposed. Identity theft may also be prosecuted under other federal laws, such as the laws against Social Security fraud, or credit card fraud.

Most states have enacted criminal laws against identity theft. Some states have also enacted laws that provide for a civil suit by the victim against the thief. In the states that do not have a specific law against identity theft, the crime may be prosecuted under other laws, such as laws against fraud, or theft of personal property.

Conclusion

As the public’s awareness of identity theft grows, law enforcement and prosecuting authorities will become increasingly aggressive in pursuing identity theft charges. If you have been charged with identity theft, or if you are under investigation for identity theft, you need the assistance of an expert defense attorney.

Recovering from Internet Fraud

Recovering from Internet fraud can be a long process. There often is a substantial financial loss, and some types of fraud may result in serious damage to a victim’s credit rating or standing in the community. If you have been involved in Internet fraud, you should consult an attorney knowledgeable in the area.

Many victims of Internet crime are ashamed to come forward. They feel foolish at having been taken in by a trickster so easily, or for failing to take some relatively simple steps to protect themselves. This is especially true of victims of the Nigerian “4-1-9 scams” or advance-fee scams, that promise a fabulous amount of money with little or no effort. In retrospect, many victims wonder how they could have been fooled by a fraud that, looking back, seems so obvious.

It is important not to feel embarrassed at being taken in by a swindler. No one wants to believe a person is dishonest. When we hear about something that promises easy money, our faith in humanity, coupled with our delight over our “good fortune,” may make us blind to reality, and so we act against our better judgment. Many scams also impress upon us the need to act quickly, so there is no chance for the careful reflection that would lead us to ask questions about the promises we hear.

Many people have been fooled by Internet fraud. Internet fraud artists rely on their victims’ shame in staying one step ahead of the law. The only way these dishonest people will be brought to justice is if their victims overcome their shame and report the crime.

Civil Lawsuits

A civil lawsuit against the perpetrators of Internet fraud is an option many victims consider. While such a lawsuit may be a viable legal option, such cases are, in reality, difficult ones to pursue. Even if the legalities of the situation are clear, simply finding the person who committed the fraud may be difficult, as that person has probably moved since taking advantage of the fraud. The guilty party may not even be in the country. If the party is found, he or she probably will not have any significant assets with which to pay a civil judgment, unless the fraud was committed by a party with substantial assets, like a business with a good deal of cash on hand.

Victims of Internet fraud are often better off cooperating as much as possible with law enforcement. State and federal agencies have the resources to track down individual criminals that others might not have. In addition, once a person is convicted of a criminal offense, he or she is often ordered to pay restitution to his or her victims to compensate for their financial loss.

Recovering Identity

Identity theft is perhaps one of the most common types of Internet crimes. The victim usually suffers more than a considerable financial loss. The victim is put in the uncomfortable position of trying to reconstruct his or her good name in the financial community, and trying to shake off the effects of a the misuse of his or her name and credit.

Victims of identity theft should take the following steps even if they have not yet been directly victimized (for example, if a wallet or purse containing credit cards or sensitive personal information has been stolen).

  • Notify the police.
  • Close any accounts that may have been tampered with, or that were opened in your name without your approval.
  • Contact one of the three major credit bureaus to report the fraud. This will cause a notice to be sent to your creditors if a new account is opened in your name, or if any of your existing accounts are changed.
  • Notify the Federal Trade Commission. The FTC maintains a database of identity theft complaints that it shares with law enforcement around the country.

Frequently Asked Internet Crime Questions

Q: Is Spam illegal?

A: Spam-or unsolicited e-mail-is not illegal in most states. It is regulated, however, and recipients must be given a way to inform the sender that they do not want to receive any more e-mail messages from that sender.

Q: Is distributing a computer virus a crime?

A: Yes. Federal law makes it a crime to cause the transmission of a program, information, code, or command that causes more than $5000 damage to a computer or computers, or that alters medical records, causes physical injury to any person, threatens public safety, or damages a government computer. The maximum penalty is a prison sentence of up to ten years, a fine of up to $250,000, or a combination of prison time and a fine.

Many states also have enacted anti-virus laws. States that do not have specific laws against disseminating a virus may prosecute offenders under other laws, such as laws that prohibit theft of computer services.

Q: My computer automatically forwarded an e-mail that had a virus attached to it, but I didn’t know the virus was there. Can I be prosecuted for distributing a virus?

A: No. The law prohibits knowingly sending out a virus. If you did not know that a virus was being sent out, and you had no part in the creation or transmission of the virus, you are not criminally liable.

Q: I copied some software online, and gave friends some of the copies without getting permission first. Can I be prosecuted for copyright infringement?

A: In order for copyright infringement to be a criminal act, the government must prove that ten or more illegal copies, with a total value of more than $2500, were made within a single 180-day period. It does not matter that the copies were not made for commercial purposes, or that the copier did not intend to charge for the copies.

Note that you may be civilly liable to the owner of the copyright, even if you did not make ten or more copies, or if the value did not exceed $2500. The number of copies and value are only elements of a criminal case.

Q: If I put a disclaimer on my website that says nothing on the site is meant to infringe anyone else’s copyright, will that be a defense to a copyright infringement prosecution?

A: No. In fact, the U.S. Department of Justice has advised prosecutors that such disclaimers help to prove that the website operator knew his or her conduct was unlawful, thus helping the prosecution to make its case that the infringement was done knowingly.

Q: I took some pictures of my toddlers in the bath. Am I guilty of distributing child pornography if I e-mail these pictures to other family members?

A: Probably not. While there are many stories about people being investigated or prosecuted on child pornography charges for taking nude snapshots of their children, these cases do not result in the conviction of the parents who took the pictures. A picture that does not include the “lascivious exhibition of the genitals or pubic area” does not fall within the federal definition of child pornography.

Q: Who makes the laws that govern the Internet?

A: There is no one governmental authority over the Internet. Federal and state governments have enacted laws that regulate certain transactions, including those that take place over the Internet.

Q: Where do I report an Internet crime?

A: As with any crime, the answer to that question depends upon the crime that was committed. For example, financial or banking crimes (such as “4-1-9 scams”) are investigated by the U.S. Secret Service, while fraud crimes are investigated by the Federal Trade Commission (FTC). Child pornography and related offenses are prosecuted by the FBI, or local law enforcement.