Credit Card Fraud Defense Lawyer
Under 18 U.S.C. § 1029, certain types of Access Device Fraud are punishable by imprisonment of up to 10 years.
As technology evolves and banks and businesses develop new ways of making their transactions more secure, methods for committing credit card fraud are advancing in lockstep. It used to be that offenders could simply steal paper records of credit card transactions that contained everything they needed to use someone else’s credit card. While this is still possible (though it is becoming increasingly rare), there are numerous new and other time-tested forms of credit card fraud that are used every day to steal personal information and process fraudulent transactions.
The Oberheiden & McMurrey, LLP provides experienced representation for individuals and businesses charged with credit card fraud nationwide.
Credit Card Fraud Explained
Some of the most common forms of credit card fraud involve obtaining fraudulent cards and using other people’s personal information to make purchases on their credit cards. This can be achieved by:
- Using identity theft to obtain credit cards in someone else’s name
- Using lost or stolen credit cards
- Submitting fake credit card applications
- Generating fraudulent and counterfeit credit cards
- “Skimming” credit card information using a handheld card swiping device at retail locations (such as restaurants, supermarkets, and other stores)
- Attaching skimming devices to ATM and gas pump card swipers
- Making false telephone solicitations
Computer and Internet Credit Card Fraud
Increasingly, people are turning to advanced technological methods for committing credit card fraud. These can include:
- Intercepting credit card transactions over unsecured wireless networks (such as in coffee shops and hotels)
- Hacking point-of-sale devices in restaurants, retail stores, and other merchant locations
- Hacking online retailers and e-commerce websites in order to gain access to customers’ credit card information
- Sending “phishing” emails that seek to have credit card owners to submit their personal information to fake accounts
- Creating fake websites to get consumers to submit their credit card information
- Installing malware on consumers’ personal computers and stealing their credit card information when making online purchases
- Obtaining access to credit card processors’ databases and transaction systems through hacking or computer fraud
Fraudulent Use of Personal Credit Cards and Processing Fraudulent Transactions
While the above lists describe the activities that most people think of when they think about credit card fraud, there are other forms of credit card fraud as well. For example, you can also be charged with credit card fraud if you:
- Use your own credit card or debit card knowing that it has expired or been revoked, or that you do not have sufficient funds to cover the purchase in your account; or,
- Sell goods or services to someone with knowledge that they are using an illegally-obtained or fraudulent credit card.
In short, credit card fraud is a broadly-defined offense that has serious consequences. If you are being questioned or have been arrested on suspicion of credit card fraud, the attorneys at Oberheiden & McMurrey, LLP can fight to keep you out of prison and protect your good name.
Defending Against Credit Card Fraud Charges
When representing clients accused of credit card fraud, we seek to challenge as many aspects of the government’s case as possible. Our primary goal is always to have the charges against our clients dismissed. However, if the prosecution appears likely to succeed in proving your guilt at trial, we may center on fighting for lesser charges or reducing the scope of punishment. Depending on the facts of your case, we may be able to do this by:
- Arguing that you did not knowingly commit a credit card offense
- Showing that you had someone else’s permission to use their credit card
- Demonstrating that there is a lack of evidence to convict you for credit card fraud
We may also be able to assert procedural defenses such as lack of reasonable suspicion or probable cause, and failure to read your Miranda rights prior to questioning.
Penalties for Credit Card Fraud
Individuals who use the Internet to commit credit card fraud are likely to face a host of criminal charges, such as wire fraud and violation of federal hacking and computer fraud statutes. In any case, allegations of credit card fraud need to be taken extremely seriously, as a single count may carry a prison sentence of up to ten years. You may also be required to pay fines and restitution.
Speak with a Credit Card Fraud Defense Lawyer Today
If you are under investigation or have been arrested for credit card fraud, the attorneys at Oberheiden & McMurrey, LLP will provide experienced and aggressive representation to obtain the best possible result in your case. To get started with a free case evaluation, call (888) 727-0472 or contact us online today.