Arrested for Credit Card Theft in NY?
Need a New York criminal defense attorney to help with credit card theft charges? Contact us now for a free consult 24 hours.
Need more information? The following information is designed to help individuals arrested for credit card theft and are facing fraud charges and prosecution.
Types of Credit Card Theft and Fraud
What is intercept fraud?
Intercept Fraud is when a person applies for a credit card and steals the card before it is actually delivered to the actual address (either from post office or taking it from the mailbox before the homeowner receives the mail.
What is application fraud?
This is when a person fills out a fraudulent application by using their name, but a fake address. This falls under fraud because (your address) facts were “misrepresented” when the person applied for the card. The categories for application fraud are:
- assumed identity (offender pretends to be someone else)
- financial fraud (offender gives false information such as address, etc.. to get the credit card.
What is unauthorized use fraud? Without a doubt this is one of the most easiest credit card fraud offenses to commit. This is when the offender orders product, services or other merchandise by giving an unauthorized credit card number.
What is counterfeiting credit cards about?
Well, fake, counterfeit, and altered cards are illegally manufactured. These cards pretty much pass for the real thing and have the properties of actual credit cards with the numbers taken from legitimate credit cards.
Have you been arrested for credit card fraud charges for any of the following?
- Fake credit cards
- Skimming charges (skimming is used to obtain the credit card information by getting it from the magnetic strip on the back of the card or the data stored on the smart chip).
- Fake websites and “site cloning” fraud is used by computer hackers that use bogus sites designed to get people to give out their credit card details. It is done under false pretense.
- Triangulation credit card fraud is when a fake website business offers some type of great deal on a product in order to obtain the credit card number. Instead of asking for the credit card upfront the business gains the trust of the consumer by telling them to send their credit card information in an email AFTER they receive the product, this gaining the trust of the consumer.The credit card numbers are used from that point on and eventually the fake website closes down and another is started.
- Credit card “generators” use computer software to generate and create legitimate credit card numbers and expiration dates. The software can be obtained and downloaded by anyone (free downloads). It makes it so almost anyone can generate valid credit card numbers.
There are so many different types of credit card fraud and the courts view some charges differently from others.Some of these methods are very sophisticated and are not the typical credit card fraud most people are charged with.See our credit card fraud links and our free criminal defense information at the bottom of this page for more information.
Arrested for credit card theft? Fraud Charges, Prosecutions and Investigations:
The Secret Service branch of the government investigates identity theft in some instances.The following is a list of crimes and related information investigated by the secret service. Questions?
What is identity theft?
It is the unauthorized use of personal or financial information for financial gain. Identity theft and identity crimes are investigated under Title 18, United States Code, Section 1028.The Secret Service will take record of criminal complaints and works with other federal, state and local law enforcement and reporting agencies to identify felony and misdemeanor offenders.
Identity theft crimes often investigated by the Secret Service:
1. Bank fraud
2. Identity theft
3. Credit card and access device fraud
4. Check fraud
5. False identification fraud passport/visa fraud
What is access device fraud
The Secret Service handles access device fraud and its related criminal charges and is under Title 18, United States Code, Section 1029.
Access device fraud includes:
1. debit cards
2. ATM machine cards
3. personal identification numbers
4. computer passwords
5. subscriber identity module (SIM) inside cell phones used for billing purposes
6. long-distance access codes
Then there is computer fraud…
This falls under Title 18 of the United States Code, Section 1030. Computer crimes include:
1. theft of data to commit identity theft
2. unauthorized access to protected computers
3. ecommerce fraud and malicious software distribution intended to include viruses used for financial gain.
Fraudulent an Counterfeit Identification
Counterfeit and fraudulent identification is defined as the unauthorized use with intent to produce, transfer or possess false identification to gain something of value from other persons or businesses. Desktop publishing software/hardware is most commonly used to counterfeit and produce different forms of identification used to obtain funds illegally.
The Financial Crimes Division (FCD) of the government plans, reviews, and coordinates criminal investigations involving Financial Systems Crimes, including the following:
- Bank fraud
- Access device fraud
- Telemarketing and telecommunications fraud (cellular and hard wire)
- Computer fraud and ecommerce fraud
- Automated payment systems and teller machines fraud
- Direct deposit fraud
Have you or a family member been arrested for credit card theft?
Many people cope with with the fear, embarrassment and other unpleasant feelings associated with being arrested. Talk to your lawyer who investigate charges, push for dismissal of charges if possible, and meet with prosecutors to negotiate for reduced charges and lighter sentences, possibly formulate sentencing programs specifically designed to help your case, such as restitution, community service or probation.
Plea Deals
We will give you an objective and knowledgeable perspective on your situation and help you with understanding if the prosecutor’s offer for a plea bargain is worth accepting based on the circumstances of your situation.
We will devote time needed to get you the best outcome possible.
Arrested for Credit Card Theft?
Sentencing Standards
A good lawyer will always work to find innovative ways to reduce any possible sentencing and push for alternatives to being sentenced to jail (paying fines, restitution, drug programs, community services, diversion programs and rehabilitation programs). They will also have good negotiation skills and a very thorough understanding of sentencing standards.
Sentencing standards involves plea-bargaining, paying fines, community service, electronic monitoring, prison terms, probation, and alternative sentencing programs (drug and alcohol rehabilitation, and more. However, it depends if you were convicted of something like sentencing for involuntary manslaughter or undergoing federal sentencing in credit card fraud cases or any other type felony or misdemeanor crime.
Federal Sentencing for Credit Card Theft and Fraud
If someone is convicted of credit card fraud they have been found guilty of unauthorized use of someone else’s credit card (either by using a scanning device to access, read, memorize, obtain or store information).It is also credit card fraud if a person attempts to keep information with intent to use it at a later date to defraud another person, business, or banking company.The sentencing and sanctions and sentencing standards for credit card fraud a Class C felony (Class B felony for repeat offenses).
There are so many different types of credit card fraud and so many variables making each case very unique.
If you need a criminal defense lawyer in New York to help you with credit card theft, contact us now for a free consult.
