Telemarketing Fraud

The Attorneys of Robbin Tunkey Ross have served the community by providing legal defense to criminal charges. The Criminal Lawyers of Robbins Tunkey Ross have handeled numerous cases in cities accross Florida such as Miami and Miami Beach. Due to the strictness of these charges and the potential penalties, it is imperative to involve a criminal defense attorney immediately after an arrest.

If you or someone you love has been accused of TELEMARKETING FRAUD Call Robbins, Tunkey, Ross, Amsel, Raben, & Waxman, P.A.Toll Free: (866) 262-4874 Available 24 hours 7 days a week

This excerpt is taken from the official internet site of U.S. Code. For more information please click here. U.S. Code collection

CHAPTER 113A—TELEMARKETING FRAUD

TITLE 18 > PART I > CHAPTER 113A > § 2326

§ 2326. Enhanced penalties

• A person who is convicted of an offense under section 1028, 1029, 1341, 1342, 1343, or 1344, or a conspiracy to commit such an offense, in connection with the conduct of telemarketing
• (1) shall be imprisoned for a term of up to 5 years in addition to any term of imprisonment imposed under any of those sections, respectively; and
• (2) in the case of an offense under any of those sections that—
• (A) victimized ten or more persons over the age of 55; or
• (B) targeted persons over the age of 55, shall be imprisoned for a term of up to 10 years in addition to any term of imprisonment imposed under any of those sections, respectively.

TITLE 18 > PART I > CHAPTER 113A > § 2327

§ 2327. Mandatory restitution

• (a) In General.— Notwithstanding section 3663 or 3663A, and in addition to any other civil or criminal penalty authorized by law, the court shall order restitution to all victims of any offense for which an enhanced penalty is provided under section 2326.
• (b) Scope and Nature of Order.—
• (1) Directions.— The order of restitution under this section shall direct the defendant to pay to the victim (through the appropriate court mechanism) the full amount of the victim’s losses as determined by the court pursuant to paragraph (2).
• (2) Enforcement.— An order of restitution under this section shall be issued and enforced in accordance with section 3664 in the same manner as an order under section 3663A.
• (3) Definition.— For purposes of this subsection, the term “full amount of the victim’s losses” means all losses suffered by the victim as a proximate result of the offense.
• (4) Order mandatory.—
• (A) The issuance of a restitution order under this section is mandatory.
• (B) A court may not decline to issue an order under this section because of—
• (i) the economic circumstances of the defendant; or
• (ii) the fact that a victim has, or is entitled to, receive compensation for his or her injuries from the proceeds of insurance or any other source.
• (c) Victim Defined.— In this section, the term “victim” has the meaning given that term in section 3663A (a)(2).

“Disclaimer: The information on this page does not represent legal advice. Florida Statues obtained from Online Sunshine, www.leg.state.fl.us, the official site of the Florida Legislature. Because the law is continually changing, some of the provisions contained herein may be out of date. Contact the experienced criminal defense attorneys of Robbins, Tunkey, Ross, Amsel, Raben & Waxman, P.A. 24 hours a day, 7 days a week, toll free at (866) 262-4874 begin_of_the_skype_highlighting              (866) 262-4874      end_of_the_skype_highlighting or locally at (305) 858-9550.

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