Accusations of Credit Card Fraud

 Posted on October 12, 2016 in Criminal Law

Crimes most commonly occur without the watchful eye of others — people are afraid of being caught and the conscience is not as easily ignored. Over recent years, there has been a steady increase of online purchasing and the rise of credit card fraud. The temptation of getting untold amounts of items without paying for them becomes overwhelmingly enticing for many and is surprisingly easy to accomplish through credit card fraud. However, a conviction of such magnitude is something that is to be considered and combatted with the assistance of a legal professional.

Forms of Credit Card Fraud

Ultimately, credit card fraud is using the account information of another individual for one’s purposes without consent. However, this is a highly generalized statement, and the behavior has multiple levels and can occur in varying forms. It is possible that someone has committed fraud without knowledge. The eight varying types of fraud consist of the following:

• Using lost or stolen cards — the most common type of credit card fraud;

• Taking over an account — information is obtained to gain access to the cardholder’s account, claims the current card is lost, updates an address, and has the new card sent directly to them;

• Creating a counterfeit card by card skimming;

• Using a card that was never received by the intended recipient;

• Obtaining a new credit card with someone else’s information on an application;

• Using a card multiple times in the same transaction;

• Collusive merchants who, in cooperation with another individual, work together to defraud a bank; and

• Mail order or telephone order fraud — someone calls in with fraudulent or incorrect information to make a payment.

Potential Punishments

Pending the circumstances surrounding a credit card fraud incident, including intent and how the fraud occurred, the varying degrees of conviction include misdemeanors and felonies. The three most common punishments are as follows:

• Class A misdemeanor: Imprisonment of up to one year, probation, and fines of up to $2,500.

• Class 4 felony: Incarceration of one to three years, probation, and fines of up to $25,000.

• Class 3 felony: Imprisonment of two to five years, probation, and fines of up to $25,000.

Accusations of credit card fraud alone can be enough to ruin a reputation and scar a future. Conviction and punishments can be debilitating and devastating. For the best chance to protect your future, it is advisable to contact a professional and experienced attorney immediately. Based on the circumstances surrounding your case, dismissal or a lesser charge may be possible. If you are interested in speaking to a DuPage County, IL fraud defense attorney, contact Davi Law Group, LLC today at (630) 580-6373. With four convenient locations, our firm proudly serves the residents of DuPage, Kane, Cook, Kendall, and Will Counties.

Sources:

http://newsroom.mastercard.com/asia-pacific/2014/10/28/8-different-types-card-fraud/

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=56800000&SeqEnd=58900000