Greg's Corner

Why ‘gag orders’ are red flags to a scam

By Greg Collier

In many scams, perpetrators attempt to isolate their victims from friends and family, often virtually. Scammers frequently keep their victims on the phone while guiding them through the payment process. This tactic is particularly common in police impersonation scams, such as the jury duty scam or the grandparent scam. To prevent victims from contacting others, these impostors may threaten arrest, falsely claiming a ‘gag order’ is in place. While most people have heard of gag orders, this is not how they actually work.

A gag order in US courts is a legal directive that restricts individuals, typically those involved in a legal proceeding, from discussing or disclosing certain information related to the case. These orders are issued by judges to ensure a fair trial by preventing the potential for prejudicial pretrial publicity and protecting the privacy and rights of the parties involved.

Gag orders are issued by a court, typically signed by a judge and bearing official court insignia or letterhead. Official court orders are usually delivered through formal channels such as registered mail, a court official, or legal representative. If a gag order is delivered via email, text message, by phone call or any informal method, it’s likely fake.

For example, in Northern Kentucky, police have issued a warning about scammers posing as law enforcement officers who extort money from victims under the pretense of legal fines. These scammers claim that a gag order is in place, threatening that discussing the matter with anyone else could worsen the victim’s legal situation.

Scammers often rely on fear and urgency. Once a gag order is mentioned over the phone, there’s an overwhelming chance the caller is a scammer. Do not make any payments or provide personal information. Gag orders are not communicated or enforced over the phone. Politely hang up the phone. Engaging further could give the scammer more opportunities to manipulate you. Contact your local law enforcement agency or a legal professional to verify the legitimacy of the claim. Use official contact information, not the numbers provided by the caller. If possible, take note of the caller’s number, any names they use, and specific details of the conversation.

By taking these steps, you can protect yourself and help authorities combat these fraudulent activities.