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  1. Home
  2. Cyber Phishing: New York Employee Avoids Felony Conviction After Unknowingly Assisting Scam Operation

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Cyber Phishing: New York Employee Avoids Felony Conviction After Unknowingly Assisting Scam Operation



When people suddenly find themselves investigated for Cyber Phishing, many are shocked to learn that even unintentional involvement in a scam network can lead to serious criminal exposure.

In this New York case, a young employee at a small mobile phone shop was accused of assisting a Cyber Phishing ring by opening fraudulent phone accounts later used for scam activities.

During early consultations, the client insisted that he never intended to help criminals and had simply followed the instructions of his supervisor, believing he was performing ordinary retail tasks.

Through targeted legal strategy, evidence-based argument, and careful positioning of lack of intent, the defense was able to reduce the potential consequences and avoid a felony conviction despite the Cyber Phishing allegations.

contents


1. Cyber Phishing New York | How the Employee Became Involved


The defendant reached out for legal help after learning from police that he was under investigation for assisting a Cyber Phishing scheme, forgery, and document-fraud offenses.

He had spent several months processing identity documents sent to him by the shop owner and opening phone accounts under those names.

During the Cyber Phishing investigation, authorities alleged these accounts were being used as “burner phones” in scam operations, exposing the employee to liability despite his lack of criminal background.



Discovering the True Nature of the Phone Activation Work


In the course of normal training, the employee had been told to process customer sign-ups based on images of IDs sent by the owner.

It was only later after overhearing conversations between the owner and others that he realized these phones might be connected to a Cyber Phishing scam.

He immediately attempted to resign, but the owner asked him to remain for another month.

Unfortunately, during that period, law enforcement linked the fraudulent accounts to active scam operations, triggering charges associated with Cyber Phishing facilitation.



Police Charges and Initial Case Exposure


The New York Cyber Crimes Unit notified the defendant that he was facing multiple charges:

 

  • Assisting a Cyber Phishing scheme (accessory liability)
  • Forgery involving identity-related documents
  • Possession and use of falsified records

 

If convicted of the Cyber Phishing-related allegations, he risked years of imprisonment and substantial fines.


The legal team immediately focused on establishing lack of intent.



2. Cyber Phishing New York | Potential Penalties Under New York Law


New York aggressively prosecutes those connected to Cyber Phishing operations, even when involvement appears minimal.

State law applies broad accomplice-liability rules, making early defense counsel essential.



Overview of Applicable New York Offenses


Charge

Description

Penalty Range

Scheme to Defraud / Cyber Phishing Facilitation

Assisting others in obtaining money through deception

Up to 7 years imprisonment

Forgery / Identity Fraud

Creating or using false identification

Up to 4 years

Criminal Possession of a Forged Instrument

Using forged materials in transactions

Up to 7 years

 

Because Cyber Phishing rings often cause large-scale harm, prosecutors frequently pursue accessory theories even when the defendant’s role was indirect.



Importance of Proving Lack of Criminal Intent


Under New York law, prosecutors must show that the defendant:

 

  1. Knew others were committing a crime, and
  2. Intended to assist the fraudulent purpose.

 

This became the core defense strategy throughout the Cyber Phishing litigation.



3. Cyber Phishing New York | Defense Strategy and Legal Arguments


Cyber Phishing New York | Defense Strategy and Legal Arguments


Recognizing the client’s vulnerability as a first-time employee unfamiliar with fraud schemes, the defense concentrated on disproving criminal intent an essential part of any Cyber Phishing prosecution.



Argument 1: No Intent to Assist Cyber Phishing


The defense emphasized that the employee:

 

  • Did not recruit victims
  • Did not profit from fraudulent phones
  • Had no access to scam-related funds
  • Performed routine administrative tasks under supervision

 

Citing New York and federal interpretations, the attorney argued that Cyber Phishing participation requires actual awareness of the fraud, not simple task completion.

Evidence showed he learned of the scheme late and attempted to resign, reinforcing the lack of intent.



Argument 2: Demonstrating Genuine Remorse and Cooperation


To support leniency, the defense presented:

 

  • The defendant’s remorse
  • Written apologies
  • Community character references
  • Proof of responsible behavior since leaving employment

 

These materials helped show he posed no ongoing risk and had been unknowingly manipulated by others exploiting Cyber Phishing networks.



4. Cyber Phishing New York | Outcome: Suspended Sentence and Avoidance of Felony Conviction


After reviewing the record, prosecutors accepted that although the defendant’s actions indirectly supported the Cyber Phishing operation, he lacked the criminal knowledge required for a felony conviction.

As a result, the court imposed a suspended sentence, sparing him incarceration.



Court’s Reasoning and Final Disposition


The court noted that:

 

  • The defendant had no meaningful awareness of the Cyber Phishing network
  • He attempted to resign once he discovered wrongdoing
  • He gained no financial benefit
  • His role was clerical, not participatory

 

Because of these factors, the injury to the public was minimal, and a felony conviction was not justified.



5. Cyber Phishing New York | Why Early Legal Help Matters


Cyber Phishing cases often sweep up workers who unknowingly perform administrative tasks linked to fraud.

Early counsel is crucial to documenting intent, obtaining records, and negotiating before charges escalate.

If you or someone you know is under Cyber Phishing investigation, strong legal representation can prevent a misunderstanding from becoming a life changing conviction.

SJKP provides targeted support in Cyber Phishing matters digital-evidence review, accomplice-liability analysis, negotiation, and full courtroom defense.

For immediate assistance with Cyber Phishing allegations, contact SJKP for a confidential consultation.


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The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

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