What is Credit Card Fraud?

What is credit card fraud, and what should you know about credit card fraud charges under federal and state law? Generally speaking, the elements of the offense are similar under federal and state law, but it is essential to know that you can face prosecution under both for the same offense. Our Tampa fraud defense lawyers can provide you with more information below, and we can speak with you today about defending against any charges you are facing.

Federal Credit Card Fraud Charges

Federal credit card fraud involves the use of a credit card (or credit card number) with the intent to defraud the credit card holder or credit card issuer.

Credit card fraud can be charged as a federal offense under 18 USC 1029(a)(7). Under this statute, charges can be brought for in-person fraudulent charges or fraudulent charges made via a telecommunications system. It also includes fraudulent debit card transactions. A person can face credit card fraud charges any time they have intent to defraud, and attempt or actually defraud another via a credit card. Common forms of credit card fraud include but are not limited to:

• Credit card skimming (i.e., capturing credit card details at a point of sale, such as at a gas station pump);
• Intercepting a credit or debit card sent through the mail;
• Obtaining credit card information through a fraudulent phone or email scheme;
• Theft of credit card details through hacking or a data breach and use of the credit card online for fraudulent purchases; and/or
• Interception of a person’s credit or bank account to make fraudulent purchases with a credit or debit card.

Given the various ways that credit card fraud can occur, a person may also face concurrent charges for other federal fraud offenses, such as wire fraud, mail fraud, and more.

Charges for Credit Card Fraud Under Florida State Law

The above types of credit card fraud schemes can also be prosecuted under state law.

Section 817.61 of the Florida Statutes allows for prosecution of the fraudulent use of credit cards. The statute expressly states:

“A person who, with intent to defraud the issuer or a person or organization providing money, goods, services, or anything else of value or any other person, uses, for the purpose of obtaining money, goods, services, or anything else of value, a credit card obtained or retained in violation of this part or a credit card which he or she knows is forged, or who obtains money, goods, services, or anything else of value by representing, without the consent of the cardholder, that he or she is the holder of a specified card or by representing that he or she is the holder of a card and such card has not in fact been issued violates this section.”

Contact a Tampa Criminal Defense Lawyer to Get Started on Your Credit Card Defense Today

Are you facing charges related to credit card fraud? An experienced Tampa fraud defense attorney at the Law Offices of Daniel J. Fernandez, P.A. can discuss the details of your case with you today and can begin working with you on a defense strategy. Contact our firm 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