Criminal Law Questions? Ask a Criminal Lawyer.
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
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
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