Are Romance Scams Illegal? Federal Charges and Restitution

Yes. Romance scams are illegal under federal law, and the people who run them face prosecution under several overlapping criminal statutes that commonly produce sentences stretching well beyond 20 years. In 2024, the FBI’s Internet Crime Complaint Center received nearly 18,000 romance fraud complaints totaling more than $672 million in reported losses.¹ Federal prosecutors typically charge these schemes as wire fraud, identity theft, and money laundering, and the counts stack.

The Federal Laws Romance Scammers Break

Wire Fraud and Mail Fraud

The cornerstone charge in nearly every romance scam prosecution is wire fraud under 18 U.S.C. § 1343. The statute makes it a federal crime to use any electronic communication — emails, text messages, social media, phone calls, or electronic bank transfers — to carry out a scheme to defraud. Prosecutors must show the defendant devised a plan to defraud, intended to take money or property through false promises, and used interstate electronic communications to do it.²

When a scammer sends physical documents, forged identification, or checks through the mail, prosecutors can add mail fraud charges under 18 U.S.C. § 1341. The elements are nearly identical to wire fraud: a scheme to defraud carried out using the postal service or a commercial interstate carrier.³

Both statutes carry a maximum sentence of 20 years in federal prison per count. Each individual communication or transaction can be charged as a separate count. If the fraud scheme affects a financial institution, the maximum jumps to 30 years and a fine of up to $1,000,000.²

Identity Theft

Romance scammers routinely steal photos, names, and personal details from real people to build convincing fake profiles. Using someone else’s identifying information — a name, Social Security number, driver’s license, date of birth, or biometric data — to further a federal crime violates 18 U.S.C. § 1028. The statute covers producing or transferring false identification documents and using another person’s identifying information to commit a federal offense.⁴

Penalties depend on what the scammer did. Creating or transferring a false birth certificate, driver’s license, or government-issued ID carries up to 15 years. Obtaining $1,000 or more in value during any one-year period using stolen identity information carries the same 15-year maximum. Other identity fraud offenses carry up to 5 years.⁴

Prosecutors frequently add aggravated identity theft under 18 U.S.C. § 1028A, which applies when someone uses another person’s identity during and in connection with certain federal crimes, including wire fraud, mail fraud, and bank fraud. A conviction carries a mandatory two-year prison sentence that must run consecutively. Courts cannot reduce it to probation or run it alongside other sentences.⁵

Money Laundering

Once money leaves the victim, moving it through accounts to hide where it came from is a separate crime. Under 18 U.S.C. § 1956, it is illegal to conduct a financial transaction involving the proceeds of criminal activity while knowing the transaction is designed to conceal the source, ownership, or control of the funds.⁶

Romance scam networks commonly use “money mules,” people who receive funds into their personal bank accounts and forward them elsewhere, often overseas. Each transfer in the chain can be a separate money laundering offense. A conviction carries up to 20 years in prison and a fine of up to $500,000 or twice the value of the laundered funds, whichever is greater.⁶

RICO for Organized Operations

Many romance scams are run by criminal organizations that operate call centers, assign scripted roles, and run dozens of fake profiles at once. When prosecutors can show a pattern of criminal activity coordinated through an enterprise, they can bring charges under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962.⁷

A RICO charge requires proof of an organized enterprise engaged in a pattern of racketeering activity, which includes wire fraud, mail fraud, and money laundering. RICO lets prosecutors target the entire organization rather than just the individuals who talked to victims, and it opens the door to forfeiture of all assets tied to the enterprise.

How the Charges Stack in a Real Case

Federal romance scam prosecutions rarely involve a single charge. A defendant who built fake profiles with stolen identities, communicated with multiple victims by email and text, and moved stolen funds through intermediary accounts could face all of the following at once:

Wire fraud under 18 U.S.C. § 1343: up to 20 years per count, 30 years if a financial institution is affected²
Mail fraud under 18 U.S.C. § 1341: up to 20 years per count³
Identity fraud under 18 U.S.C. § 1028: up to 15 years⁴
Aggravated identity theft under 18 U.S.C. § 1028A: mandatory 2 years, served consecutively⁵
Money laundering under 18 U.S.C. § 1956: up to 20 years per count, plus fines up to $500,000 or twice the laundered amount⁶

Because each communication and each financial transaction can be a separate count, a scammer who targeted multiple victims over several months may face dozens of individual counts. Federal sentencing guidelines weigh the total dollar amount of losses, the number of victims, and whether the defendant played a leadership role in an organized scheme.

Restitution and Asset Forfeiture

Prison time is not the only consequence. Under 18 U.S.C. § 3663A, a court must order a defendant convicted of fraud to repay the full amount of each victim’s financial loss when the offense involves fraud or deceit and an identifiable victim suffered a monetary loss.⁸ The obligation does not end with the prison sentence; the defendant keeps paying after release.

Federal authorities can also seize property connected to the fraud through civil asset forfeiture under 18 U.S.C. § 981. Forfeited assets, including bank accounts, real estate, and vehicles, can be restored directly to victims of the underlying offense.⁹ Forfeiture can reach assets purchased with stolen proceeds, which matters when scammers have already spent part of the money.

Cryptocurrency Seizures

Cryptocurrency is a growing share of romance scam losses — over $237 million in 2024.¹ The FBI’s Virtual Assets Unit, formed in 2022, specializes in blockchain analysis and cryptocurrency seizure. Because blockchain transactions are permanently recorded on a public ledger, investigators can trace funds across multiple wallets.¹⁰ When the Department of Justice seizes cryptocurrency tied to a fraud scheme, victims may be contacted by the FBI or DOJ with instructions on how to petition for the return of their funds.

When Victims Themselves Face Criminal Exposure

Some romance scam victims are asked to receive money into their accounts and forward it elsewhere, often under the cover story of a business deal, charity, or the scammer’s personal need. That role is called a money mule, and it carries real legal risk. The Department of Justice has said that knowingly moving money for illegal activities can result in criminal charges, while people who move funds without knowing they are helping fraudsters are treated as victims.¹¹

The pivot point is knowledge. Money laundering under 18 U.S.C. § 1956 requires that the defendant knew the funds represented proceeds of unlawful activity.⁶ Genuine lack of knowledge is a defense. Prosecutors may argue, though, that warning signs should have raised suspicion: a stranger asking you to receive and forward large sums, or instructions to convert money into gift cards or cryptocurrency. If you realize you may have been used as a mule, report it to law enforcement immediately rather than continuing to process transfers.

How to Report a Romance Scam

File a complaint with the FBI’s Internet Crime Complaint Center at ic3.gov. IC3 is the federal government’s central intake hub for internet fraud, and complaints are analyzed and may be referred to FBI field offices or other law enforcement agencies for investigation.¹² Include as much detail as possible: transaction dates, amounts sent, account numbers, cryptocurrency wallet addresses, communication logs, and the scammer’s profile information.

Also report the fraud to the Federal Trade Commission at reportfraud.ftc.gov. The FTC collects fraud reports to detect patterns of criminal activity that lead to investigations and enforcement actions.¹³ Reporting to both agencies builds a stronger record. IC3 feeds federal criminal investigations, and FTC data helps identify large-scale scam operations.

Filing a report does not guarantee recovery of your funds or an immediate investigation. It does create the legal record federal authorities need to build cases, and your complaint may link to reports from other victims of the same scammer or network.

1
Internet Crime Complaint Center. 2024 IC3 Annual Report
2
Office of the Law Revision Counsel. 18 USC 1343 – Fraud by Wire, Radio, or Television
3
Office of the Law Revision Counsel. 18 USC 1341 – Frauds and Swindles
4
Office of the Law Revision Counsel. 18 USC 1028 – Fraud and Related Activity in Connection With Identification Documents, Authentication Features, and Information
5
GovInfo. 18 USC 1028A – Aggravated Identity Theft
6
Office of the Law Revision Counsel. 18 USC 1956 – Laundering of Monetary Instruments
7
Office of the Law Revision Counsel. 18 USC 1962 – Prohibited Activities
8
Office of the Law Revision Counsel. 18 USC 3663A – Mandatory Restitution to Victims of Certain Crimes
9
Office of the Law Revision Counsel. 18 USC 981 – Civil Forfeiture
10
Federal Bureau of Investigation. 2023 Cryptocurrency Fraud Report Released
11
U.S. Department of Justice. Money Mule Initiative
12
Internet Crime Complaint Center (IC3). Home Page
13
Federal Trade Commission. ReportFraud.ftc.gov