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Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 19777
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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I have several questions here: 1. If I buy gift cards that

Customer Question

I have several questions here:
1. If I buy gift cards that the seller get it from hacking someone's creditcard or account, is it a crime for me to buy giftcard from him? if I donot know how he get it, is it a crime for me? what about if I know?
2. if this seller use the gift card to buy some goods, and sell me the goods, is it a crime for me to buy that goods from him? in the case of whether I know how he get the card?
3. If the seller do not hack someone's creditcard but only some reward/point account which is going to expire tomorrow and use the points to buy the giftcard or goods, is it a crime for them? and is it a crime for me to buy in the case of whether I know how it gets?
4. is it a crime if I know and I do not report it to police if it is a crime for them to do that?
I just want to know what will be the impact on me. thank you.
Submitted: 8 months ago.
Category: Criminal Law
Expert:  Marsha411JD replied 8 months ago.

Hello,

Thank you for the questions. The answer in all cases is yes, it would be a crime if you knew that the information/goods were stolen and you bought or used the information/goods. You could be charged with fraud just as if you were the one who stole the information or used the stolen cards to buy the goods that you received. You could also be charged with conspiracy to commit fraud if there was evidence that you were part of the plan to steal the information and use it to buy giftcards or items.

If you didn't know, either before or after, that the information/or items were stolen or obtained by fraud, you might still end up being arrested and charged with the crimes I mentioned above if the police believe you had knowledge and then your attorney would have to defend you and convince a court or jury that you had no knowledge. On the other hand, if the police believe that you were an innocent purchaser of these items, you wouldn't be charged, but could still lose the goods you buy with the gift cards or credit cards, since they were part of a crime.

Please feel free to ask for clarification if needed. Thank you

Customer: replied 8 months ago.
do you mean even i donot know that i still be charged possible? is it the police's responsibility to find evidence to show I know, or I should find evidence to show I donot know? is it a easy case to win (say if I hire you to stand for me, how sure are you to win the case)? and you said yes to all question means if i know that they fraud, and i donot report to police, i will be charged? and you did not answer the question, whether their behavior of using the expiring points of others is a fraud activity? even the points are expiring tomorrow or 1 hour later and nobody has any loss?
Expert:  Marsha411JD replied 8 months ago.

Hello again and thank you for your reply. Yes, it is always possible that someone who buys or uses fraudulently obtained cards or goods will get caught up in the underlying crime, at least initially. Which could mean an arrest and charge. That doesn't mean there would be a conviction, since the State has to prove that you knew the item was obtained fraudulently in order to convict. I can't give you a guess as to whether or not the State would be able to convince a jury beyond a reasonable doubt that you had knowledge, since I don't know what facts they would have at the time of trial. As I mentioned, it largely comes down to the surrounding specific facts and your story's believability.

I did address the points issue as I said yes to everything. If there is something that doesn't belong to these people who sell the items to you, it is a fraud or theft. It doesn't matter when the points are expiring. W

Expert:  Marsha411JD replied 8 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any further follow up questions for me from the answers I provided to you on the 8th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received your rating. Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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