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Fraud Targeting The Elderly Carries Harsher Sentencing

 Posted on January 27, 2025 in Fraud

TX defense lawyerThe elderly are a frequently targeted group. Older adults often have a more difficult time spotting a scam being run online or identifying a badly unfair contract. Seniors also tend to struggle with social isolation, making them more vulnerable to manipulation by anyone posing as a friend or love interest. Financial fraud against the elderly can take many forms, from very simple fake product schemes to more complicated business schemes designed to trick the elderly into long-term contracts that will offer them no benefit. The federal criminal justice system classifies senior citizens as vulnerable victims, meaning that sentencing enhancements apply when a person is convicted of a federal white-collar crime against them. You need an aggressive Dallas, TX financial crimes attorney if you are facing charges involving elderly victims or other vulnerable victims.

How Do Courts Decide Whether The Elderly Were Being Targeted? 

For the vulnerable victim sentencing enhancements to apply, you must have targeted the elderly intentionally or known that the elderly would be the most likely victims of your scheme. If you did not target the elderly, and it simply happened by coincidence that a large number of people who fell prey to your financial offenses were elderly, the sentencing enhancements should not apply.

For example, say that you are selling fake concert tickets on social media. You expect that most of your buyers will be naive young adults. However, a club for active seniors notices your ad and buys ten fake tickets from you. You did not intentionally target the elderly, so you should not be faced with enhanced sentencing. However, if you were selling fake tickets for a 55 and over cruise, you would know that your victims are almost certainly going to be seniors, and the enhancements would apply.

Defendants who are found to have preyed on a vulnerable victim can face longer prison sentences and increased fines. Courts rarely have sympathy for fraudsters who target the elderly and other victims who are less able to protect themselves.

What Other Victims Are Considered Vulnerable? 

Anyone who is "unusually vulnerable due to age, physical or mental condition, or who is otherwise particularly susceptible to the criminal conduct" can be considered a vulnerable victim. When it comes to white-collar financial fraud, vulnerable victims are likely to include people with developmental disabilities, minors, some people with serious mental illnesses, and sometimes recent immigrants.

Contact a Dallas, TX Federal Fraud Crimes Attorney 

 Spencer & Associates is experienced in defending people accused of targeting vulnerable victims. Our aggressive Dallas County, TX white-collar crime lawyers will do all we can to put forth the strongest defense possible. Contact us at 214-385-8500 for a complimentary consultation.

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