Defense for Internet Fraud Charges

Protecting You Against Fraud Charges

Considered a broad legal category, Internet fraud covers several illegal activities. Most of the crimes prosecuted as Internet fraud crimes also can be committed offline. The key is Internet fraud must be committed online, whether the Internet Service Provider (ISP) runs a private server or the ISP operates the online services for a large organization such as the local public library.

Because of the rapid advancement of technology, Internet fraud crimes have increased dramatically over the past five years. Because of rampant Internet fraud crimes, the State of Texas prosecutes defendants with a fierce determination to win convictions. If you face one or more Internet fraud charges, you should speak with a Texas licensed criminal defense attorney.

Highly rated criminal defense lawyer Adam Capetillo focuses only on defending clients that the State of Texas has charged with crime.

Overview of Internet Fraud Crimes in Texas

Internet fraud represents a crime perpetrated by using an Internet service. Although there are many types of Internet fraud crimes, there are three areas of Internet fraud law that receive the most legal scrutiny.

• Credit Card Fraud
• Health Care Fraud
• Identity Theft

Each of the three primary types of Internet fraud cases can include one or more of the following crimes:

• Investment fraud
• Unauthorized charges on consumer accounts
• Bank account theft
• Social Security embezzlement

Criminal defense lawyer Adam Capetillo will perform a thorough review of your case to determine the best defense for Internet fraud charges.

Possible Defense for Internet Fraud Charges

As with other types of crimes charged under the Texas Penal code, proving a defendant committed Internet fraud requires the prosecution to prove the charge “Beyond a reasonable doubt,” As the highest litmus test for proving guilt, “Beyond a reasonable doubt” means every juror hearing an Internet fraud case must 100% believe the defendant is guilty of all charges. One of the most effective defenses for defending any type of criminal charge involves planting the seed of reasonable doubt into the mind of at least one juror.

Let’s look at possible defenses that plant the seed of reasonable doubt.

Lack of Intent

Also referred to as the “good faith defense”, lack of intent is a defense that claims a defendant tried to comply with state law, but he or she still committed at least one act of Internet fraud. Lack of intent is a powerful defense for a defendant charged with Internet fraud involving the submission of inaccurate documentation, which happens often in the healthcare industry. The complex language used in creating many healthcare documents can leave you confused as to what information you are exactly supposed to submit.

Innocence

Let’s say you use a public library’s Internet system to conduct personal business. After you are finished with the online session, you leave the building without a worry in the world. That is, until you are met hours later at home by a computer crimes team from the Federal Bureau of Investigation (FBI). After you left the library, you forgot to log off and as a consequence, someone used your name to commit an internet fraud crime. Security cameras can help us find out who used your account to commit Internet fraud.

Improper Search and Seizure

Many Internet fraud crimes require law enforcement agencies to obtain search warrants that are issued by judges. However, in the haste to charge someone with a cyber fraud crime, some law enforcement personnel skirt the 4th Amendment of the Bill of Rights. The 4th Amendment prohibits unlawful searches and seizures of private property, which in the case of an internet fraud charge will be a computing or telecommunication device.

Statute of Limitations

If you have heard the term “Paper trail” in reference to criminal charges, the term means acquiring all of the documentation needed to win a conviction. For Internet fraud charges, a paper trail is the digital footprint left by someone who steals an identity or cleans out an unsuspecting person’s bank account. Establishing a digital trail for Internet fraud crimes takes much longer to do than establishing a paper trail for other types of crimes. Criminal defense attorney Adam Capetillo will make sure the charges filed against a client for Internet fraud are within the statute of limitations, which is five years.

If the state of Texas has charged you with Internet fraud, you must take the charges seriously by immediately getting in touch with an experienced criminal defense lawyer. Adam Capetillo knows how to use the most effective defense for each unique case to help his clients beat Internet fraud charges.

Call (346) 249-5544 or submit the online form to schedule a free initial consultation with criminal defense attorney Adam Capetillo.