Federal Crime of Telemarketing and Email Fraud
18 U.S.C. § 2325 Defense Attorney
Telemarketing scams, email fraud, and text-message schemes have become a pervasive problem in modern society.
While some fraudulent solicitations are easy to recognize, others are highly sophisticated and can deceive even careful consumers.
Because of the widespread abuse of telemarketing and electronic communications, federal law imposes enhanced criminal penalties on individuals who commit mail fraud or wire fraud through telemarketing, email, text messaging, or similar electronic means.
Under 18 U.S.C. § 2325, prosecutors may bring federal charges against individuals accused of operating fraudulent telemarketing or email marketing schemes.
Convictions can result in lengthy federal prison sentences, substantial fines, mandatory restitution, and asset forfeiture.
Your best hope for a favorable outcome is with a highly experienced criminal defense attorney at Eisner Gorin LLP. To schedule a consultation, call (818) 781-1570 or contact us here.
What Is Telemarketing and Email Fraud Under Federal Law?
Definition of 18 U.S.C. § 2325
Under 18 U.S.C. § 2325, telemarketing or email marketing fraud refers to a scheme or campaign designed to induce victims to:
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Purchase goods or services
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Invest money or participate in a business opportunity
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Make charitable contributions
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Commit to loans or financial products
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Enter contests or promotions
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Participate in fraudulent medical or research studies
The statute is broad and covers schemes conducted through:
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Telephone calls
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Emails
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Text messages
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Instant messaging applications
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Other electronic communication methods
The key element is fraudulent intent, not the technology itself.
Why Telemarketing Fraud Is Prosecuted Aggressively
Congress and federal agencies have taken an increasingly aggressive stance against telemarketing and electronic fraud due to:
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Automated dialing technology (robocalls)
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Mass email and text campaigns
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Low operational costs enable large-scale scams
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Targeting of vulnerable populations, particularly the elderly
Federal enforcement agencies involved include:
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Department of Justice (DOJ)
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Federal Bureau of Investigation (FBI)
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Federal Communications Commission (FCC)
Safe Harbor for Catalogs and Brochures
Section 2325 includes a limited safe harbor for traditional written solicitations.
A catalog or brochure is generally exempt if it:
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Contains a written description of goods or services
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Lists the sender's physical business address
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Includes multiple pages of material
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Is not issued more than once per year
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Does not initiate electronic contact with consumers
Importantly, responding to consumer inquiries by phone or email is permitted so long as the sender did not initiate the electronic contact.
Penalties for Telemarketing and Email Fraud
Base Penalties
A conviction under 18 U.S.C. § 2325, when combined with mail or wire fraud statutes, can lead to:
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Significant federal prison time
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Substantial fines
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Restitution to victims
Enhanced Penalties for Elderly Victims
Federal law imposes additional penalties when victims are aged 55 or older:
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18 U.S.C. § 2326
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+5 years imprisonment if at least one victim is 55+
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+10 years imprisonment if 10 or more victims are 55+
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Mandatory Restitution and Forfeiture
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18 U.S.C. § 2327 – Mandatory restitution to victims
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18 U.S.C. § 2328 – Mandatory forfeiture of real and personal property
These penalties are in addition to sentencing enhancements under the U.S. Sentencing Guidelines and 18 U.S.C. § 3553(a).
Victims Do Not Have to Lose Money
A critical aspect of 18 U.S.C. § 2325 is that actual financial loss is not required.
A defendant can be prosecuted for:
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Attempted telemarketing fraud
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Unsuccessful scams
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Schemes were interrupted before the victims paid money
Enhanced penalties for targeting elderly victims apply even if no money was lost.
Common Defense Strategies in Telemarketing Fraud Cases
Telemarketing and email fraud cases often hinge on intent.
Lack of Intent to Defraud
Unsolicited marketing is not automatically criminal. Prosecutors must prove the defendant intended to deceive.
Truthful Representations
If statements were accurate or opinions rather than false claims, fraud may not exist.
No Reliance or Inducement
The government must show the communications were intended to cause reliance on false statements.
Overbroad Government Theories
Federal prosecutors sometimes attempt to criminalize aggressive—but lawful—marketing practices.
Why Early Defense Representation Is Critical
Telemarketing fraud cases often involve:
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Multi-district investigations
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Electronic surveillance and wiretap evidence
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Financial tracing
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Parallel civil enforcement actions
Early intervention by a federal defense attorney can:
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Limit exposure
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Prevent additional charges
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Challenge forfeiture and restitution
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Negotiate favorable resolutions
Contact a Federal Telemarketing Fraud Defense Attorney
If you or someone you know is under investigation or has been charged with telemarketing or email fraud under 18 U.S.C. § 2325, the consequences can be life-altering.
Eisner Gorin LLP is a nationally recognized federal criminal defense law firm representing clients across the United States in complex fraud prosecutions. To schedule a consultation, call (818) 781-1570 or contact us here.
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