The Department of Justice (DOJ) recently released its 2025 Annual Report to Congress on Department of Justice Activities to Combat Elder Fraud and Abuse.
The report demonstrates that the DOJ maintains a significant focus on prosecuting individuals and organizations involved in schemes that target older adults, emphasizing criminal enforcement actions and international cooperation.
The DOJ's report highlights aggressive enforcement actions, substantial financial losses for older adults, the dominance of investment and tech support scams, and significant public awareness and victim support initiatives.
A few key points from the report are that older adults lost nearly $2 billion to fraud schemes, and the DOJ initiated 283 enforcement actions against more than 600 defendants.
The report also said that Investment and tech support scams were the leading types of fraud and that fraudsters use domestic and international networks.
For anyone subject to federal scrutiny related to elder care, understanding the contents of this report is essential. It provides a clear view of the government's priorities, common charges, and the severe penalties involved.
What Efforts are the Feds Taking?
Federal agencies such as the DOJ, FBI, FTC, and OVC work together to combat elder fraud and abuse.
These federal agencies focus on prosecution (Transnational Elder Fraud Strike Force), reporting (IC3), victim support (OVC hotline, NCEA), and legislation (Elder Justice Act) to address increasing financial exploitation through scams such as romance, investment, and tech support fraud.
The DOJ manages the Strike Force, which focuses on foreign scams and releases data and best practices. The FBI oversees the Internet Crime Complaint Center, which is a primary platform for reporting online fraud, including scams targeting elders.
These scams are often carried out by known individuals, requiring coordinated reporting to agencies such as IC3, the FTC, and local APS and law enforcement.
The DOJ's Focus on Criminal Enforcement
The 2025 report reveals the DOJ's strong preference for criminal over civil enforcement. During the reporting period, the department initiated 283 enforcement actions related to elder abuse and fraud.
Of these, a staggering 95% were criminal cases. These actions named over 600 defendants and involved alleged theft of more than $2 billion from over one million victims.
A significant portion of these schemes, approximately 36%, involved international elements. This has led the DOJ to establish specialized units, such as the Transnational Elder Fraud Strike Force.
This task force is dedicated to disrupting and prosecuting complex fraud operations, including grandparent scams, tech support fraud, and lottery schemes that often originate overseas.
To combat these international operations, the U.S. actively collaborates with foreign law enforcement agencies, resulting in numerous extraditions of individuals from countries such as Canada, Colombia, Italy, Jamaica, Peru, and the United Kingdom to face charges in the United States.
This demonstrates the DOJ's extensive reach and its commitment to holding alleged perpetrators accountable regardless of their location.
Common Forms of Elder Fraud and Abuse
The DOJ pursued cases involving over 40 different types of elder fraud schemes. According to the FBI's Internet Crime Complaint Center (IC3), older Americans filed nearly 150,000 complaints in 2024, resulting in total losses of $4.89 billion.
The schemes resulting in the highest financial losses included:
- Investment scams
- Tech support scams
- Confidence/romance scams
- Business email compromise
- Government impersonation scams
The report also details specific criminal cases and the resulting sentences. For instance, a Canadian citizen was sentenced to over five years in prison for his role in a grandparent scam after being extradited from Colombia.
In another case, an individual was sentenced to 97 months for a government impersonation scheme.
Beyond fraud, the DOJ's National Nursing Home Initiative targets facilities that provide substandard care. This includes homes that fail to maintain adequate staff, adhere to clinical protocols, or provide sufficient food.
In one notable case from May 2025, two nursing homes faced over $15 million in restitution for making false statements related to healthcare benefits.
Common Defenses in Federal Elder Fraud Cases
This report underscores the seriousness with which the DOJ investigates and pursues cases against individuals and organizations it believes engage in elder fraud and/or abuse at an interstate or international level.
Under this level of scrutiny, it's not uncommon even for legitimate activities to be misconstrued under the spotlight of investigation.
If you or your organization faces federal criminal charges related to alleged elder fraud or abuse, your best chance of minimizing the damage and receiving a more favorable outcome is with the guidance and representation of an experienced federal criminal defense attorney.
A good attorney will implement a series of proven defense strategies designed to refute the charges and cast reasonable doubt. Some of these common defenses include:
- Lack of Intent: Most fraud statutes require the prosecution to prove that the defendant acted with specific intent to defraud. A defense can be built around the argument that the defendant did not knowingly and willfully participate in a scheme to deceive. For example, an individual may have been an unwitting participant or believed their actions were legitimate.
- Mistake of Fact: This defense argues that the defendant acted based on a mistaken but honest belief in a set of facts that, if true, would render their actions legal. If a person had a reasonable basis to believe they were involved in a lawful business transaction, it could negate the element of fraudulent intent.
- Insufficient Evidence: The burden of proof in a criminal case rests entirely on the government. The prosecution must prove every element of the offense beyond a reasonable doubt. A defense attorney will meticulously scrutinize the government's evidence, including witness testimony, financial records, and electronic communications, to identify weaknesses, inconsistencies, or procedural errors. If the evidence is insufficient to meet the high standard of proof, a conviction cannot be sustained.
- Entrapment: This defense may apply if a government agent induced or persuaded an individual to commit a crime that they were not otherwise predisposed to commit. If the idea and impetus for the crime originated with law enforcement and not the defendant, the case may be dismissed.
If you need additional information or a case evaluation, contact our federal criminal defense law firm at Eisner Gorin LLP.
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