Defending Against Federal Credit Card Fraud Charges
Have you received a target letter that informed you that you were named in a federal investigation involving alleged credit card fraud? Or have you been charged with one or more federal criminal fraud charges in connection with alleged credit card fraud? While federal law does not have a statute specifically named as the credit card fraud statute, it does have a felony statute that allows for the prosecution of “access device fraud,” as well as the fraudulent use of credit cards. If you are facing charges under either federal criminal statute, how can you defend against the charges you are facing?
The key to your defense will be understanding the specific elements of the offense and the evidence against you, and tailoring your defense to the facts of your case with assistance from a Tampa federal fraud defense lawyer. In the meantime, consider the following information.
Elements of Credit Card Fraud Under Federal Law
Under 18 USC 1029, the federal statute for fraud and related activity in connection with access devices, you can face felony criminal charges for knowingly, and with intent to defraud, engaging or attempting to engage in a scheme to defraud that involves an access device. Access devices include credit and debit cards, as well as gift cards, PINs, account numbers, and electronic serial numbers.
Under 15 USC 1644, the federal statute for the fraudulent use of credit cards, attempting or actually using a credit card knowing that it is fraudulent, or with unlawful and fraudulent intent transports or attempts to transport, uses or attempts to use, sells or attempts to sell, or conceals or receives goods obtained through fraudulent credit card use, can face federal charges when the transaction involves interstate commerce and has a minimum monetary value.
You may also face charges under the federal wire fraud statute or mail fraud statute, depending on whether the internet, phone, or another communication device was used, or if the US mail system was used in the alleged act.
Potential Defenses to Federal Credit Card Fraud Charges
How can you defend against charges under one of the above? Generally, speaking, the following defenses may be relevant to the charges you are facing:
- Lack of intent, since both kinds of fraud-related charges discussed above require intent or knowingly engaging in an act related to the offense;
- Mistaken identity (proving that you were not the person who engaged in the alleged acts);
- Constitutional violation; or
- You acted under duress.
Contact a Tampa Criminal Defense Lawyer for Assistance with Your Federal Credit Card Fraud Case
If you are facing any type of fraud charges connected to credit card use under federal law, it is crucial to understand that you are facing extremely serious charges that will likely result in substantial fines and imprisonment, as well as a felony record, if you are convicted. Accordingly, it is essential to work with an experienced Tampa federal credit card fraud defense attorney at the Law Offices of Daniel J. Fernandez, P.A. to develop the strongest possible defense to the charges you are facing. You do not want to be convicted of a federal criminal fraud offense, and to endure the consequences associated with sentencing as well as the collateral consequences. Contact our firm today to find out more about getting started on a strategy for your federal credit card fraud defense.
Sources:
law.cornell.edu/uscode/text/18/1029
law.cornell.edu/uscode/text/15/1644
