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Cell Phone Prosecutions – What to Know

Fraud Schemes Related to Cell Phones

Cell phone prosecutions are commonly prosecuted in federal court by the U.S. Attorney’s Office, meaning that there are charges for fraud related to cell phone sales, or charges for selling stolen cell phones.   Fraud prosecutions are often based on allegations of misrepresentations about the age and model of the phones, or that the phones were refurbished.  An experienced federal criminal lawyer can help with any cell phone case investigation or charges.

Federal charges for misrepresentations about large sales of cell phones, or for sales of stolen phones, are often charged as Conspiracy to Conspiracy to Commit Fraud, or Conspiracy to Transport Stolen Goods in Interstate Commerce.  A conspiracy is basically an agreement to commit a crime, with at least one step taken to try make the conspiracy successful.


Conspiracy to commit fraud uses the misrepresentations made about the quality, model, life, and age of the cell phones being purchased/sold.  The U.S. Attorney will charge of conspiracy to transport stolen goods in interstate commerce when defendants allegedly steal phones from a company warehouse or even a retail store.  Usually, a stolen phone scheme includes stealing very large numbers of phones in order to ship them to customers who want new or good, reliable phones.  People who steal phones on a wholesale basis do so to ship mass amounts of phones to buyers who often are overseas.

Sometimes the state prosecutor, or District Attorney, will charge persons for cell phone fraud or theft.  For example, in Texas, District Attorneys have charged people with cell phone misrepresentations or theft, with the charge of Engaging in Organized Criminal Activity.  This state charge, Engaging in Organized Criminal Activity, is the state’s version of a federal conspiracy charge.

Persons Involved in a Conspiracy

There are several types of persons who could be charged in a cell phone conspiracy, including solicitors, buyers, shippers, and persons who steal phones.  A conspiracy is an agreement, and persons have to agree with the group plan, and make at least one act, in order to be guilty.  The United States may prove the conspiracy by documents of transactions, surveillance or photographs, videos, evidence of contacts with buyers, recorded conversations, and testimony of cooperators.

Active Defense

Anyone who under investigation or who is charged should work to have evidence in his favor to either present to the federal prosecutor or present at trial. Contact former federal prosecutor and federal criminal lawyer John Teakell, who can defend you against any cell phone investigation or conspiracy charge against you.

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