Credit and Debit Card Fraud in California - Penal Code 484e PC
Penal Code 484e PC, a law that can be charged as a misdemeanor or a felony, makes it a crime to steal either a credit or debit card or the information contained on such a card. The potential sentence for this crime is up to 3 years in jail, underscoring the seriousness of the offense.
PC 484e says, "(a) Every person who, with intent to defraud, sells, transfers, or conveys an access card without the cardholder's or issuer's consent, is guilty of grand theft.
(b) Every person, other than the issuer, who, within any consecutive 12-month period, acquires access cards issued in the names of four or more persons which they have reason to know were taken or retained under circumstances that constitute a violation of subdivision (a), (c), or (d) is guilty of grand theft.
(c) Every person who, with the intent to defraud, acquires or retains possession of an access card without the cardholder's or issuer's consent, with intent to use, sell, or transfer it to a person other than the cardholder or issuer is guilty of petty theft.
(d) Every person who acquires or retains possession of access card account information with respect to an access card validly issued to another person, without the cardholder's or issuer's consent, with the intent to use it fraudulently, is guilty of grand theft."
You will want to get an attorney who is sophisticated in this area of the law for credit card fraud cases. Many people's credit has been damaged, and the prosecutors and judges in Los Angeles are especially sympathetic to victims of credit card fraud.
Many prosecutors and judges have been victims of credit card fraud schemes. Therefore, they go out of their way to punish those offenders who they believe have taken another identity, misused it, and caused damage to another party—by losing money and their good credit or good name.
Different Types of Schemes
Therefore, you will want an attorney who has handled cybercrime cases before, is local to the court where your case is pending, and knows how to get the best results. In credit card cases in Los Angeles County, all kinds of different schemes are going on that the authorities are looking out for.
For example, people can manufacture credit cards with a whole operator at home or through a business. They steal people's identities, put them on credit cards, and then send out shoppers to shop for the cards, causing people and stores to incur debt.
Another form of credit card fraud covered by PC 484e involves people becoming involved in what is characterized as a bust-out scheme, where they take their credit cards and run them up with no intent to pay them off.
Then, they order more credit cards, run those up with no intent to pay them off, and then basically do not pay them or try to declare bankruptcy. In the meantime, they've caused enormous losses for credit card companies and racked up a bunch of expensive merchandise or credit for themselves.
Over the last twenty-five years, I've seen so many different schemes. Another credit card scheme that I've seen the feds usually deal with is that people place credit card boxes in gas stations. When people swipe their cards, they take the person's information and then switch the box out. Then, they use the information in the box to make credit cards and have shoppers shop for them.
Other people are going to stores using people's identities, capturing people's social security numbers, causing credit cards to be used or causing credit to be used. All forms of credit card fraud are prosecuted under Penal Code Section 484(e). Credit or debit card fraud is committed when one person:
- fraudulently obtains, takes, signs, uses, sells, buys, or forges someone else's credit or debit card or card information.
- uses their card with the knowledge that it is revoked or expired or that the account lacks enough money to pay for the items charged and
- sells goods or services to someone else with knowledge that the credit or debit card being used was illegally obtained or is being used without authorization.
California laws govern the penalties allowed for credit card fraud convictions. First-time offenders can be sent to prison for 10 to 15 years. The number of years a defendant is sent to jail depends partly on whether the defendant also has prior convictions for other crimes.
What are the Defenses?
Over the years, I've successfully used several defenses in credit card fraud cases. One of the most effective is proving that the person accused of the fraud is not the actual perpetrator.
Every defense in a criminal case hinges on its unique circumstances, and this is especially true in credit card fraud cases. Knowing that successful defenses are possible can provide reassurance and confidence in the legal process. For instance, proving that you were not in possession of the card at the time of the alleged fraud or demonstrating that you were a victim of identity theft can be effective defenses.
It's important to remember that there are potential defenses to credit card fraud. You're going to have to look at the evidence the prosecutors have and decide whether or not there is other evidence that can be brought to bear that shows, in reality, that your client is not the one who caused this fraud.
Maybe somebody else did, or the prosecutors simply do not have the evidence to prove your client guilty of a credit card fraud case. This knowledge should instill a sense of hope and optimism in you and your case.
So, if you've got a credit card fraud case pending in LA County and need help, I suggest you schedule an appointment. We'll review everything.
When dealing with a credit card fraud case, it's crucial to be transparent. I'll need you to tell me the truth—don't omit anything. Honesty is not just a virtue, it's a necessity in our legal process, and it's the foundation of the trust between you and your attorney. Only then can we devise a game plan for dealing with everything.
If the authorities have the goods you have, what matters is whether we can pay back the loss to the injured party or parties.
Making a victim whole or paying restitution in a credit card fraud case is one of the critical things that the prosecutors are looking at. They assume it's one of their jobs to help victims of crime make them whole and repair their good credit. By making restitution, you can demonstrate your remorse and responsibility, which can positively influence the outcome of your case.
Anything that we can do towards that if the authorities have the goods on you is an excellent damage-control mechanism and can be used to protect your record, your reputation, and your freedom.
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