As the internet becomes an increasingly popular place for business and commerce, it also opens up the opportunity for certain parties to use it for illicit gain. Both state and federal authorities aggressively investigate and prosecute people accused of all types of internet crimes, particularly fraud.

In 1986, Congress passed the Computer Fraud and Abuse Act (CFAA). The law originally protected federal government computers and those of financial institutions, but has since been amended to cover “protected computers,” which are any computers, including non-government ones, connected to the internet.

Computer fraud can take many forms. Like fraud in general, computer fraud involves getting a victim to give up something of value. That valuable item could be money or login credentials for bank and securities accounts. 

There are several common types of computer fraud which state and federal prosecutors investigate, including:

• Phishing — When an actor emails the victim and claims to be from a credit card company or other financial institution, phishing occurs. The email requests the victim to disclose personal information, such as account or credit card numbers, their Social Security number or account passwords.
• Vishing — This type of fraud is phishing over the phone. The caller convinces the victim there is a problem with their checking account or credit card, then asks for account numbers, Social Security numbers and other personal information.
• Smishing — A smishing scam involves committing fraud via text or SMS message.
• Pharming — The act of pharming involves creating a website that mimics a banking site or other institution in order to get people to enter their credentials and other highly personal information.

Fraud charges can be difficult for the government to prosecute. Moreover, prosecutors have to prove each element of the fraud charged beyond a reasonable doubt. Still, it’s crucial to work with a seasoned criminal defense attorney who has experience defending against allegations of internet crimes —especially fraud.

The Law Office of Roma W. Theus, II, P.A. in Wellington handles a wide range of white collar criminal defense matters, including computer fraud matters. If the government has charged you with computer fraud or you suspect you are under investigation, please call 954.281.4851 or contact me online for a consultation at my office.