Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Case Results

Based on our recently accumulated litigation database, we provide customized solutions based on a thoroughly analyzed litigation database.

How a Scam Text Message Led a New York Resident to Be Investigated for Financial Fraud



A growing number of New York residents become entangled in criminal investigations after responding to a seemingly harmless scam text message. 

 

Although these messages appear to offer legitimate opportunities such as instant loans, they often serve as gateways used by organized fraud networks to recruit unknowing participants.

 

This case study examines how a New York resident was misled by such a scam text message, unknowingly provided access to a bank account, and subsequently became a suspect under several New York Penal Law provisions. 

 

It further explains how the defense established the absence of criminal intent, ultimately resulting in the case being closed with no liability.

contents


1. Scam text message in New York | How the Fraud Began


Scam text message in New York

 

 

The incident began when the client received a scam text message offering fast loan approval, low interest, and minimal verification. 

 

For someone facing urgent financial needs, the offer appeared legitimate. The client responded, unaware that the sender was part of a fraud ring operating in New York and other states.



Misleading Loan Instructions That Enabled Fraud


The fraudulent “loan representative” instructed the client to open a new bank account and provide full access information. 

 

These details included:

 

• Account number

• PIN and online banking credentials

• One time verification codes
 

Believing the process was standard loan protocol, the client complied. 

 

Only days later, the bank issued a notice that the account was frozen due to suspicious activity, revealing that the scam text message had been the entry point into a larger scheme.



Early Police Contact and Escalation


Soon after, investigators contacted the client and explained that the newly created account was used to receive funds from unrelated victims. 

 

In New York, such involvement can trigger suspicion under fraud related statutes, especially when the account is used as part of a broader scheme. 

 

The case now required a defense that could clearly prove the client’s lack of criminal intent.



2. Scam text message in New York | Legal Exposure Under NY Penal Law


New York law does not criminalize the mere act of sharing one’s own banking information; however, liability can arise if the information is shared with knowledge that it will be used to facilitate fraud or other criminal conduct.

 

However, if such information is used to facilitate fraud, the account holder can be investigated under multiple statutes. 

 

The prosecution must establish intent, but even accidental involvement can quickly escalate into a formal investigation.



Relevant Financial Crime Statutes Triggered by the Scam Text Message


The following provisions were central to the investigation: 

 

• NY Penal Law §190.65 – Scheme to Defraud in the First Degree
Applies when a person engages in a systematic, ongoing fraudulent scheme involving multiple victims, such as obtaining property from ten or more persons or causing losses exceeding one thousand dollars.

 

• NY Penal Law §190.79 – Identity Theft in the Second Degree
Applies when a person knowingly uses another individual’s identifying information, including banking or financial credentials, to obtain goods, services, or property exceeding five hundred dollars or to commit or facilitate a felony.

 

• NY Penal Law §470.15 – Money Laundering in the Second Degree
Applies when a person knowingly conducts financial transactions involving criminal proceeds exceeding specified statutory thresholds with the intent to conceal, disguise, or promote criminal conduct.

 

• NY Penal Law §20.00 – Criminal Liability for Conduct of Another
Allows a person to be held liable for another’s criminal conduct if, acting with the mental state required for the offense, the person solicits, requests, commands, importunes, or intentionally aids in the commission of the crime.

 

 

These laws formed the backbone of the investigation. 

 

Even though the client did not intend to participate in crime, the scam text message created circumstances that made the client’s involvement appear complicit.



Why Intent Became the Central Issue


To pursue charges, prosecutors must prove that the client knowingly allowed the account to be used in a fraudulent manner. 

 

Since the scam text message had misled the client into believing the steps were part of a loan process, establishing intent became difficult. 

 

Demonstrating this lack of awareness became the core of the defense strategy.



3. Scam text message in New York | Defense Strategy and Evidence


The defense centered on proving that the client was a victim, not an accomplice. 

 

This required a clear demonstration of deception, a timeline that supported innocence, and immediate corrective action once the fraud was discovered.



Establishing Lack of Criminal Intent


The defense team gathered evidence demonstrating: 

 

• The client had no prior experience with loan scams.

• The instructions resembled legitimate loan verification steps.

• Financial pressure created a sense of urgency, making the scam more convincing.

• The client never anticipated that the account could be used for illegal activity.

 

These points reinforced that the client’s actions were solely driven by misunderstanding, not willful participation.



Evidence of Immediate Response After Fraud Detection


The client acted swiftly after receiving notice of account suspension. 

 

These actions strongly aligned with the behavior of a genuine fraud victim:

 

• Passwords and linked accounts were immediately reset.

• A cyber fraud report was filed with authorities.

• Bank fraud representatives were contacted.

• The scammer was confronted by message.

• Full cooperation was offered to investigators.

 

The presence of these behaviors made it clear that the client was attempting to mitigate harm, not conceal involvement.



4. Scam text message in New York | Final Resolution and Key Takeaways


After reviewing digital evidence, communication records, and the client’s actions, investigators concluded that there was no proof of knowing participation. 

 

With intent unproven, the matter was closed.



Outcome and Lessons for New York Residents


This case highlights several important takeaways:

 

• A scam text message can easily draw innocent individuals into serious legal investigations.

• New York law places heavy weight on intent, making the victim’s perception and actions vital.

• Immediate corrective action significantly strengthens a defense.

• Maintaining communication records can be critical in proving innocence.

 

Residents receiving unsolicited loan offers or unexpected financial requests should exercise caution and avoid sharing banking credentials under any circumstances.


27 Nov, 2025


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.

Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone