Welcome to Spodek Law Group. Our goal is to give you the reality of federal SIM swap charges - not the sanitized version you find on legal websites, not the technical explanations security blogs offer, but the actual truth about what happens when the federal government decides to prosecute you for this crime. What you think you know about SIM swapping is probably wrong, and that gap between perception and reality could cost you decades of your life.
Here is the thing most defendants never understand until its too late: that phone call you made to a carrier representative - the one that felt like identity fraud - gets prosecuted as wire fraud, computer fraud, identity theft, AND conspiracy. One phone call. Five to seven federal felonies. This is how federal prosecutors turn what feels like a single act into exposure measured in decades, not years.
The mechanism is simple once you see it. Every statute has different elements. Wire fraud under 18 USC 1343 carries up to 20 years. Identity theft under 18 USC 1028 adds more. Aggravated identity theft under 18 USC 1028A triggers a mandatory 2-year consecutive sentence that the judge cannot reduce - it gets added on top of everything else automatically. Computer fraud under 18 USC 1030 stacks on top of that. Conspiracy under 18 USC 371 captures everyone even tangentially involved. And every single victim counts as a separate set of charges.
The Phone Call That Becomes Five Federal Felonies
Most people charged with SIM swap fraud beleive they committed one crime. They called a phone carrier, convinced an employee to transfer a number, accessed some accounts. Maybe took some cryptocurrency. In their minds, thats one thing. One crime.
Federal prosecutors dont see it that way. Not even close.
The FBI Cyber Division has been tracking SIM swap operations since cryptocurrency became valuable enough to steal. They understand the mechanics better then most defendants do. They know which Discord servers coordinate these operations. They know which Telegram groups share target lists. They have agents who have been collecting screenshots and building conspiracy cases for years before making arrests. By the time you hear from investigators, they have probably already identified everyone in the chain - from the person who gathered victim information to the person who made the carrier call to the person who drained the crypto wallets.
When you make that call to the carrier, your using wire communications for fraud - thats 18 USC 1343, wire fraud, up to 20 years per count. When you pretend to be the account holder, thats identity fraud under 18 USC 1028. When you use that stolen identity to commit another felony (like wire fraud), 18 USC 1028A kicks in - aggravated identity theft with a mandatory minimum 2 years consecutive. When you access accounts without authorization, 18 USC 1030 applies - computer fraud. And if you worked with anyone else - a friend, a Discord contact, anyone - 18 USC 371 conspiracy charges attach to everyone.
Heres the kicker. Each victim represents a separate set of charges. Five victims doesnt mean five times the charges - it means five times the exposure MULTIPLIED by however many statutes apply to each victim.
This is how Noah Urban, who stole roughly $800,000 from five victims, ended up with a 10-year federal prison sentence and $13.2 million in restitution. Its not about the amount stolen. Its about the mathematical explosion of charges when multiple statutes meet multiple victims.
And heres something else that surprises defendants: the carrier employee who helped execute the SIM swap? They face prosecution too. Which means they become cooperating witnesses against you. The government doesnt need to prove you bribed them - just that you caused them to take action. When that employee decides to cooperate rather then face there own charges, your defense just got significantley harder.
How Federal Prosecutors Turn One Crime Into Twenty Years
OK so heres were it gets technical, and where most defendants make catastrophic mistakes.
Federal sentencing guidelines arent a mystery. They're calculated based on specific factors that prosecutors understand and defendants usualy dont. The "loss amount" matters, sure. But so does "sophisticated means." So does "number of victims." So does "use of special skills." So does "obstruction of justice" if you deleted any evidence after learning about the investigation.
And heres what nobody tells you until your sitting with a defense attorney: these factors dont add. They multiply.
Todd Spodek has explained this to hundreds of clients facing federal charges. The sentencing guidelines create a grid. Your "base offense level" starts somewhere, and then adjustments push you up or down that grid. Every two-level increase basicly doubles your sentencing exposure. A case that starts at 20 months can easily become 60 months with enhancements. And thats before the mandatory minimums stack on top.
The aggravated identity theft statute - 18 USC 1028A - is particuarly brutal. It requires a mandatory 2-year consecutive sentence. Consecutive means it runs AFTER your other sentence, not at the same time. A sympathetic judge who wants to give you 3 years cant - they have to give you 3 years plus 2 years minimum. This isnt judicial discretion. Its math.
Think about that for a second. Read that again.
The prosecutor decides which charges to bring. The prosecutor decides how to count victims. The prosecutor decides wheather to charge the aggravated identity theft that triggers mandatory minimums. By the time you understand what your actualy facing, the leverage has already shifted completly to the governments side.
The Mandatory Minimum Trap Nobody Explains
Let me be direct about something because this is were most defendants get blindsided.
The mandatory minimum under 18 USC 1028A cannot be negotiated away through good behavior, cooperation, or judicial sympathy. If you're convicted of aggravated identity theft, you serve that 2 years. Period. The judge has no choice. You have no choice. The only question is what gets stacked on top of it.
Heres the reality of how this plays out:
Daniel James Junk from Portland was 22 years old. He got involved in SIM swapping, stole millions in cryptocurrency. Sentence: 72 months - six years federal prison. While awaiting sentencing, investigators found he had lists of 25,000 compromised email addresses. His pre-trial release got revoked. He went into custody immediatly.
Eric Council Jr. from Alabama played what he probably thought was a minor role - he helped access the SECs X account, which posted a fake Bitcoin ETF announcement. His role was one SIM swap that enabled others to post one tweet. Sentence: 14 months federal prison plus 3 years supervised release.
Remy St. Felix combined SIM swapping with home invasions, kidnapping, and violence. Sentence: 47 years. Effectivly a life sentence.
Notice the pattern? The same underlying crime - SIM swapping - produces sentences ranging from 14 months to 47 years. The difference isnt luck. Its not about which judge you get. Its about how the charges stack, wheather violence is involved, wheather you cooperated, and most importantly - what decisions were made in the critical window before charges were filed.
What Noah Urban Learned About Federal Sentencing
Noah Michael Urban operated under the handle "King Bob" as part of the Scattered Spider hacking group. He was young. He thought he was smart. He ran SIM swap operations that netted roughly $800,000 from five victims.
When federal prosecutors charged him, they asked for 8 years. The judge gave him 10.
Let that sink in. The prosecutors asked for 8, and the judge went HIGHER.
Heres what the Noah Urban case reveals about federal SIM swap prosecution:
First, being part of a "named" hacking group triggers what amounts to gang-enhancement treatment. Scattered Spider was on the feds radar. Everyone associated with it faced heightened scrutiny and harsher treatment.
Second, the restitution order - $13.2 million - has nothing to do with what he actualy stole. Restitution covers the full loss amount calculated by prosecutors, which includes investigation costs, victim impact, and losses prosecutors attribute to the broader conspiracy. And heres the uncomfortable truth: restitution orders survive bankruptcy. They follow you for life. Your wages get garnished. Forever.
Third, cooperation timing matters enormously. Urban pleaded guilty in April 2025. But the cooperation came after the government had already built an overwhelming case. Early cooperation - before indictment, before arrest - carries massivley different weight than cooperation after you've already been caught dead to rights.
At Spodek Law Group, weve seen this pattern repeatedly. The window for meaningfull impact on federal cases is narrow and closes fast. Once the grand jury returns an indictment, your options contract dramaticly.
The 93% Reality: Why Federal Cases Rarely Go To Trial
Heres a number that should terrify anyone facing federal charges: the federal conviction rate exceeds 93%.
Thats not a typo. In federal court, the government wins more than 93% of the time.
This happens for several reasons, and understanding them is critical:
First, federal prosecutors are selective. They dont bring cases they're not confident they'll win. By the time you're charged, they've typically spent months or years building the case. They have your Discord messages. They have blockchain analysis showing every transaction. They have cooperating witnesses who flipped before you even knew you were a target. They have the carrier employee who executed the SIM swap ready to testify.
Second, the sentencing disparity for going to trial is brutal. Plead guilty early, you get "acceptance of responsibility" credit - typically 2-3 levels off your sentencing guidelines. Go to trial and lose, you get nothing. Worse, if you testify and the jury disbelieves you, you can get an obstruction enhancement that adds levels. The mathematical difference between pleading and losing at trial can be 5-10 years.
Third, federal juries trust federal prosecutors. The screening process, the FBI agent testimony, the professional presentation - its designed to convey legitimacy. Defendants facing this machine without understanding its mechanics get crushed.
This doesnt mean federal cases cant be defended. It means the defense has to happen earlier, more strategicly, and with full understanding of how the system actualy operates.
What Actually Matters For Your Sentence
So what determines wheather you get 14 months like Eric Council Jr. or 10 years like Noah Urban or 47 years like Remy St. Felix?
Several factors that most defendants completly miss:
Number of victims matters more then amount stolen. Five victims at $160,000 each creates more charging exposure then one victim at $800,000. Each victim is a separate set of charges. Prosecutors count victims to maximize their leverage.
Cooperation timing is everything. The FBI Cyber Division has been infiltrating Discord servers and Telegram groups for years. They're not looking for evidence - they already have it. They're building conspiracy charges to sweep up everyone involved. If your the first to cooperate, you get the best deal. If your the last, you get whatever is left.
Violence changes everything. Any physical component - threats, intimidation, weapons, home invasions - transforms the sentencing calculus completly. St. Felix's 47 years came from the violence enhancement, not the SIM swapping itself.
Prior cooperation with law enforcement matters. Even unrelated cooperation can be leveraged. But premature cooperation - talking to investigators without an attorney - just helps them build the case against you.
The district matters. Federal districts have different cultures. Some AUSA offices are more aggressive on cybercrime. Some judges sentence higher. This isnt something you can control, but its something a defense attorney with federal experience understands.
The most critical factor is when you engage counsel. Before charges are filed, your attorney can potentially influence which charges get brought, how victims get counted, wheather the case stays federal or gets referred to state court, and what cooperation might look like. After indictment, those doors close.
The Path Forward When You're Facing Federal SIM Swap Charges
If your reading this becuase you've received a target letter, or agents have contacted you, or you've learned you're under investigation - understand this: the clock is running.
The government has already been building this case. They have more evidence then you think. They've likely already flipped some co-conspirators. The question isnt wheather they have a case. The question is what can be done to minimize the damage.
Todd Spodek and the team at Spodek Law Group have defended federal cybercrime cases when the stakes were measured in decades. We understand how charge stacking works. We understand the mandatory minimum traps. We understand which factors actualy move the needle on sentencing and which ones are noise.
The federal system is designed to produce convictions. But within that system, the difference between a sentence you can survive and one that destroys your life often comes down to decisions made in the earliest stages of the case.
Dont wait until after indictment to understand what your facing. Dont talk to investigators hoping cooperation will help - it wont, not without an attorney structuring it properly. Dont assume this will go away or that the amount involved isnt serious enough for federal prosecution.
They prosecute SIM swap cases because they can stack charges. They prosecute them becuase the conviction rate validates their resources. They prosecute them because crypto theft makes headlines and career prosecutors want those headlines.
The question is what you do with the time you have before those charges become official. Call us at 212-300-5196. This call costs nothing. What it might prevent could define the next decade of your life.
