Fraud and deceptive business practices describe a variety of methods that dishonest vendors may use to trick customers and clients into completing deals they might not otherwise agree to.
If you have been charged with online fraud or deceptive business practices, it is vital that you understand both the charges against you and your rights as quickly as possible. Our Pennsylvania cybercrime attorney can provide a complete overview of these crimes, how the law may apply to your case, and how we can defend you against these and any other charges you face.
How Does Pennsylvania Define Deceptive Business Practices?
The complete definition of “deceptive business practices” is codified at 18 Pa. C.S. § 4107. This law includes a list of all of the activities that fall into this category, including:
- Misrepresenting the size, content, or quality of the product being sold
- False advertising
- Using misleading materials to convince others to do business or invest with you
- Running any sort of phone scam, such as telling another person they will win something if they give you something in return
The internet has provided many opportunities for dishonest individuals to defraud customers: for example, a vendor may post a picture of a high-quality product and imply that it is for sale, only to ship an inferior version of the same product when a customer, enticed by the misleading image, buys it.
The actions described above may also fall under theft by deception (18 Pa. C.S. § 3922), which includes actively lying, concealing information, or failing to correct a false impression about the value of a product or service or the nature of the deal under discussion. You may therefore be charged under both laws, depending on the specifics of the allegations against you.
What Are the Possible Defenses Against Fraud Charges?
There are several strategies your defense attorney might use to get the charges against you dismissed or reduced or to negotiate a plea deal that enables you to avoid the most onerous penalties:
- We might argue that no crime was committed: you were entirely honest throughout the transaction and your accuser either misunderstood what you said or is dissatisfied with the transaction for other reasons.
- We can try to prove this is a case of mistaken identity and that someone else used your name, account, or computer to commit fraud.
- We may show that you acted in good faith, and that you did not intentionally misrepresent any aspect of the good or service you were offering.
Which strategy works best for you will depend on the details of your case. That is why it is a good idea to hire a legal representative right away: you want to give your legal team as much time as possible to collect evidence and decide on a strong approach.
Should You Hire a Defense Attorney if You Have Been Charged With Deceptive Business Practices?
It is always a good idea to consult with a law firm if you have been charged or think you are about to be charged with any crime. As your legal representative, we can:
- Examine the evidence against you and start working to weaken the prosecution’s case
- Make sure your rights were not violated and, if they were, use that fact to get part or all of the prosecution’s case thrown out
- Represent you at all meetings and hearings, up to and including a trial if necessary
- Explain your rights and options at every stage of your case
- Keep you updated about what we are doing and what is happening with the case
You want to fully understand your rights in this situation because the penalties associated with a deceptive business practice conviction can be harsh: depending on the total value of the stolen property and on the age of the alleged victim, you could be facing years behind bars and thousands of dollars in fines. If the judge decides you must pay restitution to the alleged victims, you could owe even more money.
If convicted, you face much more than financial loss. You could lose your job or have trouble finding employment in the future. Your reputation will suffer, potentially causing your personal and professional relationships to break down. Spending time in prison could affect your mental health and well-being.
It is our law firm’s job to do what we can to prevent this outcome. No matter what the police have told you, do not assume that a conviction is inevitable. You could have multiple options for getting the charges dropped or reduced.
Will Your Fraud or Deceptive Business Practice Conviction Ever Go Away?
You might be able to get your record expunged after a period of time if you were convicted of certain minor and/or nonviolent offenses. Your attorney can explain more about this process and determine if you are eligible to request expungement.
While expungement is an invaluable tool that helps many people move on after a criminal conviction, it is far better to avoid a conviction all together, if you can. The charges against you will not just go away: you need to mount the strongest possible defense, and it is best to start this process as soon as you can.
If your lawyer successfully gets the charges dismissed, you can go back to your regular life right away. Even a charge reduction can be a relief: if convicted, you would be able to complete your sentence sooner, and you may be more likely to qualify for expungement.
Get a Free Consultation About Your Fraud Case
McKenzie Law Firm, P.C., wants to help you protect your future. Start now by calling our office and telling us your story. If you have more questions about Pennsylvania’s laws on online fraud and deceptive business practices, we will be happy to answer them. Then our team can come up with a defense strategy designed to get you your life back.
