What is Phishing?
The term “phishing” is relatively new. Indeed, according to Merriam-Webster, it is “one of the many new computer-related terms that have found their way into the general lexicon over the past decade or so.” In other words, before the twenty-first century, nobody was engaged in specific criminal acts defined as phishing. The term did, however, derive from an early term related to a type of fraud known as “phreaking,” which involved “fraudulently using an electronic device to avoid paying for telephone calls.”
When a person is accused of phishing and faces charges, they will typically be facing federal criminal charges under the federal wire fraud statute or state criminal charges under the Florida Communications Fraud Act. Our Tampa fraud defense attorneys can tell you more about phishing and what this act involves.
Defining “Phishing” Acts
What is “phishing,” exactly? There is no federal or state law specifically intended for phishing since it is a form of fraud under other related criminal statutes. Merriam-Webster defines it as “the practice of tricking internet users (as through the use of deceptive email messages or websites) into revealing personal or confidential information which can then be used illicitly.” The term, the dictionary clarifies, is often used in relation to fraudulent phishing schemes.
According to the FBI, phishing schemes are those that “often use spoofing techniques to lure you in and get you to take the bait,” and that are “designed to trick you into giving information to criminals that they should not have access to,” such as your credit card number, PIN number for your debit card, passwords, and similar.
How is Phishing Charged?
As we explained above, there is not a specific state or federal statute to expressly prohibit phishing. Instead, when a person is accused of participating in a phishing scheme, they will typically face charges under one of the following:
- Federal charges under the federal wire fraud statute, which can result in up to 20 years in prison and a fine of up to $250,000;
- Federal charges under the federal identity theft statute, which can result in up to 15 years in prison; and/or
- State charges under the Florida Communications Fraud Act, which can range from a serious misdemeanor to a felony offense depending on the value of the property involved in the scheme and the person targeted by the offense.
Contact a Tampa Criminal Defense Attorney for Assistance with the Phishing Charges or Other Fraud Charges You Are Facing in Florida Under State or Federal Law
Many types of computer and internet fraud offenses only became commonplace and charged with frequency in the twenty-first century. If you are facing any type of fraud offenses under state or federal law, including criminal charges that involve phishing, you need to have an experienced Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. on your side. Scams involving phishing are often felony offenses that can result in years or decades in prison if you are convicted, depending on the specific details and circumstances of the case. Contact our firm today to begin working on a defense strategy that is tailored to the facts of your case.
Sources:
justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud
flsenate.gov/Laws/Statutes/2024/817.034
