Credit Card Fraud

Credit card fraud is a serious federal offense that encompasses a wide range of illegal activities, including the unauthorized use of another person’s credit card or credit card information to make purchases, withdraw funds, or obtain other financial benefits. Federal criminal defense lawyer Nate Crowley often encounters cases where individuals are charged under statutes like 18 U.S.C. § 1029, which covers access device fraud. Such charges can involve traditional schemes, such as physically stealing cards, or sophisticated digital methods, including hacking or phishing to obtain credit card details.

Offenses related to credit card fraud can vary in complexity. Common offenses include identity theft, skimming (using devices to steal card information during legitimate transactions), online fraud, and account takeover. Depending on the specifics of the case, these acts may also be linked to larger criminal enterprises involving organized fraud rings.

Penalties for credit card fraud can be severe, especially if the fraud involves substantial financial loss or if the defendant has a prior criminal record. Federal sentences may include prison time, hefty fines, restitution to victims, and probation. In cases involving large-scale fraud or significant monetary damages, sentencing guidelines can recommend years of imprisonment.

However, various legal defenses may be available to those accused of credit card fraud. A common defense involves demonstrating a lack of intent to defraud. In some instances, an accused individual may have unknowingly used a compromised credit card or was a victim of mistaken identity. Additionally, violations of constitutional rights during an investigation, such as unlawful searches and seizures, may result in suppression of key evidence.

Credit Card Fraud in California

In California, credit card fraud is prosecuted under various state laws, including Penal Code §§ 484e-484j. These statutes cover a range of activities, such as possession of stolen credit card information, forgery of credit cards, and fraudulent use of credit cards. Depending on the circumstances, credit card fraud can be charged as either a misdemeanor or a felony.

Misdemeanor convictions may result in up to one year in county jail, fines, and probation, while felony convictions can lead to several years in state prison and substantial fines. The severity of the charge often depends on the amount of money involved and whether the defendant has prior convictions. California also has specific laws targeting organized retail fraud, which can enhance penalties if multiple victims or large sums of money are involved.

Defendants in California can raise several defenses against credit card fraud charges, such as lack of intent, insufficient evidence, and mistaken identity. Additionally, if law enforcement violated procedural rules during the investigation, evidence may be inadmissible in court.

Whether prosecuted at the federal or state level, carries significant legal consequences, including imprisonment, fines, and restitution. Legal defenses can vary depending on jurisdiction and the specifics of the case, but they often focus on intent, evidentiary issues, and procedural violations.

Whether facing charges in federal court or in California, individuals accused of credit card fraud should seek experienced legal representation of federal criminal defense lawyer Nate Crowley to protect their rights and pursue the best possible outcome.

Charged With Credit Card Fraud? Contact Federal Criminal Defense Attorney Nate Crowley

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