What is Credit Card Fraud?
Credit card fraud is a type of identity theft that involves an unauthorized use of another person’s credit card information by charging purchases to the account or removing funds from it. Credit card fraud schemes generally fall into one of two categories of fraud: application fraud and account takeover.
Read below where legal Experts have answered questions regarding fraud.
Can a person be charged with credit card fraud if they initially had permission to use another person’s card?
Without being listed as an authorized user on the credit card or at least have permission from the account holder in writing, you are going to have a hard time proving that you were given permission. You will have to show some form of proof that you were actually given permission. If you have nothing in writing, then maybe there were people around you when the card holder gave you permission to use the card. If there are witnesses, you can get written statements and you can give this documentation to the police. Perhaps the card holder has let other people use the card as well (without written consent). Has the card holder made accusations about unauthorized card use in the past? Something as simple as a cell phone bill that shows a call between you and the card holder that corresponds with the use of the card could help your case. At this point, all you have is your word that you were given permission. You may not be charged if you can present enough proof in your defense.
What would be the penalty for credit card fraud equaling just under $10,000?
The penalty for credit card fraud that results in an obtained value of $1,500-$20,000 is a felony that is punishable by 6 months to 2 years in jail and/or a fine of up to $10,000. This doesn't mean that you would serve jail time; this is the punishment for the crime. Before sentencing, the court will look at your criminal history, any attempts that you have made at paying the money back (restitution) and how cooperative you were in the investigation.
What should one expect at court after being arrested for credit card fraud and theft?
If you want to know the exact charges against your son, you can go to the court clerk's office and look at a copy of the warrant that was issued for your son. Don't expect too much information other than the charges. Your son will go before a judge for an arraignment tomorrow and a preliminary hearing will be set. Once your son has a preliminary hearing set, you need to find an attorney to represent him.
Can an adult child be arrested for credit card fraud of their parent’s card?
While the credit card company could file criminal charges against you, ultimately it would be your parent who would probably take action against you since it was her card you used. The credit card company probably won't seek criminal charges unless your parent is in agreement with them. If she wanted to, she could file charges against you which could result in jail time of 5-15 years. Repeat offenders could expect to spend up to 20 years in prison for credit card fraud.
Credit card fraud can carry stiff penalties and can ruin a person's future. Being a victim of can be a nightmare as well. If you have questions about or find yourself involved, you should ask an Expert for assistance.