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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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On my credit card I purposefully charge items and then

Customer Question

On my credit card I purposefully charge items and then called the credit card company and reported it as fraud when it actually wasn't...total was about $5-$10k over the last few months. They are sending a declaration of fraud that I have to sign. I am going to tell them that those charges aren't fraud charges and ask them if I can pay the amount back. What do you think?
JA: Because consumer protection law varies from place to place, can you tell me what state this is in?
Customer: Nevada
JA: Has anything been filed or reported?
Customer: No other than calling them and reporting the card lost and saying they were fraud charges.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The only thing I have filled out was a statement that the account belongs to me and had it notarized no that is it
Submitted: 9 months ago.
Category: Legal
Expert:  CalAttorney2 replied 9 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Customer: replied 9 months ago.
Thank you...am I going to go to jail? I have never done this before and have no criminal record.
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

I am sorry to learn of this situation. Unfortunately my advice here is going to be "Go hire a lawyer" (I know that customers do not come to this forum to be told that, but I am going to explain why, and I hope that you will understand that the string of events that has led you to this point has narrowed your options to the point that you really do need legal representation).

By filing a false "fraudulent transaction report" with your credit card companies you have actually committed fraud yourself.

The credit card carriers have no qualms whatsoever about referring these cases to local law enforcement which will then refer your matter to the District Attorney.

The amount in question can potentially raise the stakes of your matter to a felony (not just a misdemeanor charge).

Even if it was "only" a misdemeanor - a conviction for fraud of this type can have longstanding consequences as it is a "crime of moral turpitude" - meaning your honesty is now disputed making it harder for you to get many different types of jobs in the future, and can even bar you from volunteering in certain positions.

The fact that you haven't yet signed a declaration stating that the charges were fraudulent doesn't mean that you are no longer liable, but it can give your defense attorney a bit more room to work with (it isn't as damning as it could have been).

Hiring a criminal defense attorney now can help you negotiate a deal with the credit card company (a lawyer can negotiate a deal without having to admit guilt - it is very hard for you to do the same).

Customer: replied 9 months ago.
I was going to call the credit card representative about this tomorrow and admit the charges aren't fraudulent and to see if I can pay back the balance. Is that ok to do or should I hire a lawyer and have them call the credit card company?
Expert:  CalAttorney2 replied 9 months ago.

My very best advice to you would be to retain a lawyer to represent you.

Your discussion with the credit card representative can lead to further trouble for you as you are going to be admitting to them that you in fact did engage in fraud, but now want to correct the problem. This is still a crime, you are just trying to correct it - they can still refer the matter for prosecution.

You need to speak to a local lawyer and not anyone else.

(Unfortunately you need to hire a private criminal defense attorney, a public defender cannot assist you at this time).

Customer: replied 9 months ago.
By hiring an attorney what do you think the likely outcome will be?
Expert:  CalAttorney2 replied 9 months ago.

If you are fortunate, the attorney will be able to negotiate a settlement with the credit card carrier where you will be required to repay the debt (immediately and in full), and your account will be closed (it will likely be closed with bad standing and will have a negative effect on your credit).

If you are unlucky, the attorney will have to find ways to soften the effects of your decisions by working with the prosecutor, arguing before the court regarding evidentiary standards (again, why you shouldn't be contacting the carrier yourself), and try to negotiate a reduction in charges (try to get you a "lesser included offense" - hopefully to something that will not be so damaging).

Customer: replied 9 months ago.
Ok thanks for your help. I am going to contact a lawyer.
Expert:  CalAttorney2 replied 9 months ago.

You are welcome, and I do wish you the best with this matter.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "ForCustomerquot; and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

Customer: replied 9 months ago.
Also is there any difference when they have called me in the past to verify if certain charges made were made by me and I said no. Does things change anything you have told me?
Customer: replied 9 months ago.
They called me a couple of time to verify if I made the purchase and everytime I said no.
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

You really need a local attorney to help you at this point - what worries me is that you have between $5,000.00 and $10,000.00 in dispute - this is a very large claim for this kind of dispute.

Your local attorney will go over all the details of your claim and subsequent conversations and help you come up with an appropriate strategy and response specific to your needs/situation. This is will take into consideration these subsequent phone calls.

Customer: replied 9 months ago.
OK I will do that. Thanks
Expert:  CalAttorney2 replied 9 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service (the series of 5 stars next to the chat window) so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "ForCustomerquot; and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill