What is the Difference Between Wire Fraud and Credit Card Fraud?
Many different types of fraud charges under both federal and state law, and many of them may seem very similar or overlapping. Two common types of fraud charges are wire fraud and credit card fraud charges. What is the difference between these types of charges, and are you likely to face charges under state or federal law for these offenses? Our Tampa fraud defense lawyers can discuss these crimes in more detail with you below, and we are here to speak with you today about developing a strong defense if you are facing charges in connection with wire fraud, credit card fraud, or any other type of fraud offense under state or federal law.
Wire Fraud as a Broad Federal Offense
Wire fraud is an offense under federal law that is quite broad, and the federal wire fraud statute can be used to charge many different types of fraud-related offenses that involve the use of a computer or an electronic device.
Under 18 USC 1343, wire fraud has two basic elements that the prosecution must prove:
- Scheme to defraud; and
- Use of an interstate wire communication to further the scheme to defraud.
Accordingly, the federal wire fraud statute may be used to charge a person for alleged criminal acts related to phishing, credit card fraud, securities fraud, bank fraud, identity theft, forgery, and more. The offense of wire fraud is often charged in addition to more specific offenses that are available under federal law, and a person can also face federal wire fraud charges while facing state charges for offenses such as credit card fraud or embezzlement.
Credit Card Fraud Under Federal and State Law
Credit card fraud is an offense that generally involves an intent to defraud an issuer or owner of a credit or debit card. It can involve theft of a credit card or debit card number through a phishing scam, gas pump skimmers, or the physical theft and use of the physical card without a person’s permission. Credit card fraud can also involve opening a credit card with a bank in another person’s name, or creating a fraudulent credit card.
Credit card fraud can be charged under federal law under 15 USC 1644, as well as under Florida state law under Section 817.61 of the Florida Statutes. A federal conviction can result in up to 10 years in prison, while the penalties for a state conviction will depend on the value and the person’s previous record.
Contact a Tampa Criminal Defense Attorney if You Are Facing Wire Fraud, Credit Card Fraud, or Other Fraud Charges Under State or Federal Law in Florida
Are you facing federal or state charges involving any type of wire fraud, or involving the fraudulent use of a credit or debit card? These charges are extremely serious even though they are non-violent offenses. It is important to understand that many white-collar charges are actually treated more seriously than certain types of blue-collar crime, especially under federal law. To avoid a felony conviction that could result in years of imprisonment, you should get in touch with an experienced Tampa fraud defense lawyer at the Law Offices of Daniel J. Fernandez, P.A. today. Contact our firm to learn more about how we can assist you with your defense.
Sources:
justice.gov/archives/jm/criminal-resource-manual-941-18-usc-1343-elements-wire-fraud
law.cornell.edu/uscode/text/15/1644
leg.state.fl.us/STATUTES/index.cfm?App_mode=Display_Statute&URL=0800-0899/0817/Sections/0817.61.html
