Are Charges Different for Credit Card Fraud Using a Computer Versus In-Person?

Credit card fraud charges, under both federal and state law, can take different forms. Sometimes fraud can happen solely online, and sometimes it can happen in person. Does the nature of the credit card fraud impact how it is charged? Our Tampa fraud defense lawyers can say more.

Understanding In-Person Versus Electronic-Based Credit Card Fraud

Credit card fraud can happen in-person or it can be entirely electronic-based, or it can be a mix of the two — some in-person components with electronic or online fraud.

A person can be investigated, for example, for physically stealing a credit card number through “skimming,” a practice the FBI defines as a practice in which “devices illegally installed on ATMs, point-of-sale terminals, or fuel pumps capture data or record cardholders’ PINs.” Then, through skimming, a fraudulent credit card might actually be reproduced and used in person, or the number or PIN might be used for a fraudulent transaction online.

Or, for instance, a person’s credit card might be stolen while it is physically en route to the cardholder through the mail, activated illegally, and used in-person unlawfully in various retail stores or related locations.

Or, credit card fraud might have no in-person component at all — instead, it might involve a hack or data breach that allows a person to gain access to credit card information that they use to make fraudulent purchases online.

Does It Matter How the Credit Card Fraud Occurred?

There is no distinction under federal and state credit card fraud statutes concerning whether the fraud involved in-person and physical action, solely electronic-based action, or a mix of the two, as the US Department of Justice emphasizes.

However, the nature of the credit card fraud can impact what types of additional fraud charges may be brought, such as federal or state charges for:

• Mail fraud;
• Wire fraud;
• Identity theft; and
• Other forms of fraud and theft offenses.

Consequences of a Credit Card Fraud Conviction

If you are convicted of credit card fraud under federal or state law — regardless of whether you committed fraud in-person, online, or both — you will likely be facing prison time.

Under federal law, you can be sentenced to up to 10 years in prison and a fine of up to $10,000, though the average sentence involves prison time of approximately three years. For a conviction of credit card fraud under the Florida Statutes, your sentence will depend on whether you were facing charges for a misdemeanor of the first degree or a more serious felony of the third degree. For a conviction of a misdemeanor of the first degree, you can be sentenced to up to one year in jail and a fine of up to $1,000. For a third degree felony conviction, you can be sentenced to up to 5 years in prison and a fine of up to $5,000.

Contact Our Tampa Criminal Defense Attorneys for Assistance Defending Against the Federal or State Credit Card Fraud Charges You Are Currently Facing 

Are you facing credit card fraud charges on their own or in connection with other federal or state fraud charges? One of the experienced Tampa fraud defense lawyers at the Law Offices of Daniel J. Fernandez, P.A. can begin working with you today on a defense strategy. Contact us for assistance.

Sources: 

justice.gov/archives/jm/criminal-resource-manual-1029-fraudulent-presentment-and-related-unauthorized-credit-card

flsenate.gov/Laws/Statutes/2018/817.61