Cases built from records
Online fraud cases tend to rest on records more than witnesses: platform account data, IP and login logs, payment processor files, bank statements, and device contents obtained by warrant. They can be brought in state court, where New York relies on its larceny, identity theft, and scheme to defraud laws, or federally, where wire fraud is the familiar charge. Which system takes a case often depends on the amount, the number of people affected, and whether the conduct crossed state or national lines. Being the name on an account is not the same as being the person who used it, and shared logins, hacked accounts, and recruited intermediaries come up often. Knowledge and intent are usually at the heart of the dispute.
Early moves that protect you
Hold off on explaining yourself to investigators, platform security teams, or the people who say they were harmed until you have spoken with a lawyer. Knowingly giving a false account to federal agents is a separate crime, and even a truthful explanation can be misheard or incomplete. Leave your devices, accounts, and files as they are; deleting messages or closing accounts once you know of an investigation can create a new problem. If a business partner or co-worker is also involved, do not coordinate stories with them. Your lawyer may ask you to list the accounts you control and who else had access, and that list should be prepared at their direction.
Sorting out where you stand
We start with what you have actually received, whether a subpoena, a target letter, a search warrant, or a phone call, because each signals a different stage. From there we look at whether you appear to be a witness, a subject, or a target, and whether the matter is in state or federal hands. Sometimes the right move is to speak with the prosecutor through counsel; sometimes it is to say nothing for now. We also flag consequences beyond the criminal case, such as immigration status, professional licenses, and frozen funds. Those choices are easier to make before charges than after them.
