Last week, an elderly Newport Beach resident reported being defrauded out of $35,000 cash after she received a fraudulent email from scammers who convinced her to withdraw cash from her bank and meet up with the suspect to deliver the money, according to the Newport Beach Police Department.
After successfully defrauding the victim, the suspects called back the next day and attempted to defraud her out of even more money. However, this time, detectives from the Newport Beach Police Department took over the role of “victim” and contacted two suspects as they arrived in search of more ill-gotten funds. Both suspects were immediately arrested for grand theft, attempted grand theft, and conspiracy to commit grand theft.
The arrestees were identified as Haisong Shi, a 52-yr old male out of San Gabriel, and Wei Xiog Chen, a 25-yr old male out of Costa Mesa.
In this incident, the victim received a fraudulent email indicating she had made a large credit card purchase. The email contained a phone number directing the victim to call if the purported purchase was incorrect. Upon calling this number, the suspects indicated they would refund the purchase, but “accidentally” deposited a large amount of money in the victim’s bank account. The victim was directed to go to the bank, withdraw this excessive deposit, and hand it to an associate who arranged to meet with the victim.
In California, scamming an elderly person out of $35,000 using a fraudulent email involves multiple serious offenses, each carrying significant penalties:
- Elder Financial Abuse: Financial elder abuse, defined under California Penal Code sections 368(d) and 368(e), involves wrongfully defrauding a person aged 65 or older out of money or property. This can be charged as either a misdemeanor or a felony, with penalties including up to 4 years in jail or prison.
- Internet Fraud: Using a fraudulent email to scam someone falls under internet fraud, which can be prosecuted under various laws, including California Penal Code 532 (fraud) and the California Anti-Spam Law. Penalties for internet fraud can range from fines to imprisonment, depending on the severity and specifics of the case.
- Amount Involved: Given the substantial amount of $35,000, the offense is likely to be treated as a felony, which carries harsher penalties. Felony fraud convictions can result in significant prison time, fines, and restitution to the victim.
Combining these offenses, the individual could face severe legal consequences, including extended imprisonment and substantial fines
