Cyber/Internet Offenses

August 30, 2024

Cyber/Internet Offenses

Internet and Cyberspace Crime Law governs crimes on the Internet. It is regulated by U.S. federal and state laws, as well as international laws. These are cyber and internet offenses that are committed through the use of computer networks and devices, although the crime committed does not target the actual computer or the network: Fraud and identity theft, phishing and pharming scams, corporate espionage, embezzlement, cyber terrorism, child pornography trafficking, and other forms of “hacking.”

Federal law defines computer fraud as the use of a computer to create a dishonest misrepresentation of fact as an attempt to induce another to do or refrain from doing something which causes loss. Criminals create fraudulent misrepresentation in a number of ways. First, they can alter computer input in an unauthorized way. Employees may embezzle company funds by altering input data. Second, criminals can alter or delete stored data. Third, sophisticated criminals can rewrite software codes and upload them into a bank’s mainframe so that the bank will provide its users’ identities to the thieves. The thieves can then use this information to make unauthorized credit card purchases.

Violators may be prosecuted under:

  • 18 U.S.C. § 506 No Electronic Theft Act
  • 18 U.S.C. § 1028 Identity Theft and Assumption Deterrence Act of 1998
  • 18 U.S.C. § 1029 Fraud and Related Activity in Connection with Access Devices
  • 18 U.S.C. § 1030 Fraud and Related Activity in Connection with Computers
  • 18 U.S.C. § 1343 Wire Fraud
  • 18 U.S.C. § 1362 Communication Lines, Stations, or Systems
  • 18 U.S.C. § 2511 Interception and Disclosure of Wire, Oral, or Electronic Communications Prohibited
  • 18 U.S.C. § 2701 Unlawful Access to Stored Communications
  • 18 U.S.C. § 2702 Disclosure of Contents
  • 18 U.S.C. § 2703 Requirements for Governmental Access

At Neff & Sedacca, we encourage a team approach utilizing the foremost experts in computer forensics. Often, these cases can have national and international implications. Our office maintains relationships with a network of attorneys nationally and internationally to assist our clients.

Cyber/Internet Offenses

Confidential Consultation

If you believe that you are under investigation, have been subpoenaed before a grand jury or arrested and charged with a crime, contact Neff & Sedacca, PC for a confidential consultation by phone at (215) 563-9800 or email at info@NeffSedacca.com.

Identity Theft

Fighting criminal fraud charges and protecting reputations

Identity theft is a white collar criminal offense that can be prosecuted in state and federal courts. Choosing an attorney to represent you against serious fraud charges requires care and research. Neff & Sedacca is a Philadelphia-based criminal defense law firm whose experience and reputation were built over the past 35 years. They have the skill and tenacity to aggressively defend against fraud charges and prevent damage to your personal and professional reputation.

Credit card fraud is the most common form of identity theft, but criminal charges can result from many types of misuse of personal information. Neff & Sedacca has in-depth understanding of the range of identity theft crimes and the newer, stricter laws put in place by Pennsylvania, New Jersey, and other states, as well as by the federal government. This team successfully represented corporate and business executives, professionals, public officials, and others who have been charged with identity theft and other serious fraud crimes.

Types of identity theft

Identify theft is the acquisition and use of financial or personal information for the sole purpose of assuming the owner’s identity for financial gain. Credit card fraud is the most reported and therefore the most commonly known form of identity theft. But this type of fraud can be committed in other ways, including:

  • Financial identify theft that extends beyond credit card or bank account takeover to falsely obtain loans or additional credit accounts,
  • Medical identity information used to commit fraud involving health insurance and medical coverage,
  • Criminal identity theft in which a driver’s license or other identification is presented to law enforcement in response to a criminal charge,
  • Social Security identity theft used to defraud the government for benefits or to falsely obtain a passport or other documents,
  • Child identity theft which involves the misuse of a minor child’s information or Social Security number to commit crimes or defraud the government, and
  • Synthetic identity theft in which information from several different victims is combined to create a new identity.

As a fraud crime that can result in misdemeanor or felony charges, identity theft accusations of any kind require a careful, meticulous defense. With offices based in Philadelphia, The attorneys at Neff & Sedacca defend individuals and corporations facing criminal fraud charges throughout Pennsylvania and New Jersey, across the United States and, in cases that require it, internationally.

Facing criminal fraud charges related to identity theft

Acts of identity theft are often accompanied by related offenses that can lead to additional criminal charges. These may include such serious matters as internet and computer crimes, forgery, larceny, bank fraud, and wire and mail fraud.

It is important to fight charges of identify theft with immediate help from an experienced legal team. With early intervention by a criminal defense trial lawyer, you can improve your chances of minimizing negative consequences. With the assistance of highly trained para professionals, investigators, and experts in accounting, finance, and other specialized areas, Neff & Sedacca may be able to resolve the identity theft investigation in your favor even before criminal charges are filed.

Internet Gambling

Internet gambling, though widespread in the United States, is subject to legislation at both the state and federal level that bans it from certain areas, limits the means and types of gambling, and otherwise regulates the activity.

Gambling online initially appeared to represent an end-run around government control and prohibition. But as Internet use and related gambling exploded in the 1990’s, the Department of Justice and Congress explored the applicability of current law and the desirability of new regulation for online gambling.

In exploring whether an offshore Internet gambling business taking bets from Americans violated federal law, attention was focused on the Wire Act, 18 U.S.C. § 1084 (2000). The operator of a wagering business is at risk of being fined and imprisoned under the Wire Act if the operator knowingly uses a “wire communication facility” to transmit information related to wagering on “any sporting event or contest.” 18 U.S.C. § 1084(a).  The Wire Act’s definition of “wire communication facility” appears to embrace the nation’s entire telecommunications infrastructure, and therefore probably applies to online gambling. See § 1081.

The Department of Justice maintains that, under the Wire Act, all Internet gambling by bettors in the United States is illegal.

Criminal Charges Associated With Illegal Internet Gambling

Several charges could be brought against you as part of an online gambling case:

  • Use of wire communications to transmit bets
  • Money laundering
  • Importing lottery tickets
  • Owning or otherwise being involved in an illegal gambling business
  • Tax fraud

Even if you were not actually operating an online gambling website, being a customer of such a site could result in a criminal charge — something many people do not know. Because the penalties can be harsh, having a knowledgeable criminal defense attorney is critical.