Will I Go to Jail for Counterfeiting Credit Cards?
California Penal Code 484i PC makes it a crime for someone to counterfeit credit cards and make or possess any machinery to make them.
This type of white-collar fraud crime has become a massive billion-dollar industry. California state prosecutors or even federal authorities can charge it under 18 U.S.C § 1029 in serious, high-dollar cases crossing state lines.
PC 484i is a “wobbler” crime that can be filed as a misdemeanor or felony depending on the case's specific details, including the amount of loss suffered by the victim.
Many people who are charged with Penal Code 484i PC counterfeiting credit cards will often face other related crimes, such as:
- Penal Code 530.5 PC – identity theft,
- Penal Code 487 PC – felony grand theft,
- Penal Code 470 PC – forgery.
The state of California also has numerous other statutes related to credit card fraud.
The differences between these laws are the manner in which the credit card was used, the amount stolen, and whether someone's identity was stolen to commit the crime.
The closely related California Penal Code Sections are as follows:
- Penal Code 484e – stealing credit cards,
- Penal Code 484f – forgery of credit card information,
- Penal Code 484g – fraudulent use of a credit card,
- Penal Code 484h – retailer credit card fraud.
This article, however, by our Los Angeles criminal defense lawyers will focus on the crime of counterfeiting credit cards defined under Penal Code 484i PC.
Definition of PC 484i Counterfeiting Credit Cards
California Penal Code 484i defines the illegal act of counterfeiting credit cards:
- “(a) Any person who possesses an incomplete access card with intent to complete it without consent of the issuer.”
Further, any person who alters, changes, or modifies access card information with the intent to defraud, such as encoded magnetic stripe, or authorizes modification of account information, causing transactions to be charged to someone other than the cardholder.
It also includes any person who designs, possesses, or traffics in card-making equipment intended for the manufacture of counterfeit access cards.
This means you could be charged with Penal Code 484i counterfeiting credit cards in the following situations:
- You have an incomplete credit card with intent to complete it without consent;
- You alter a credit card, such as modification of magnetic stripe with the owner's identifying information;
- You possess or sell equipment used to create credit or incomplete cards.
Different Types of Credit Card Counterfeit Schemes
With the advent of the internet and increasing online activity, there are many credit card counterfeit-type scams, and they can occur in many different ways in Los Angeles and throughout the United States.
It's not just somebody using someone else's credit card or manufacturing some sort of credit card through a scheme or artifice. What I see a lot of times is people stealing other people's information, and that can happen in a variety of different ways.
They could put up a machine to capture people's information. For example, at a gas station, they could grab credit card information.
Then, from there, they got a whole system set up where they can emboss credit cards using the same type of machines that the credit card companies use. They can actually make credit cards using the information that they steal.
There are various ways they can steal information, not just at a gas station but at retail stores, through mailboxes, and the list goes on and on.
Amount of Loss from Credit Card Fraud
However, the scheme is very serious, and prosecutors want to convict people, especially if huge dollar amounts are involved.
What I see is that not only are people counterfeiting the credit cards, but they're also sending shoppers out to shop for them.
So, they're going to places in Beverly Hills and throughout Los Angeles and buying watches, jewelry, clothing—the list just goes on and on. This whole operation is happening, and these credit card companies are losing thousands of dollars.
Credit card companies have much power because they are involved in our economy. If we can't protect credit card companies from illegal schemes of counterfeiting, the government feels that things are going to spiral out of control in this particular area.
Keeping Defendants Out of Jail
So, to address the issue of how I'm able to keep people out of jail and prison, it depends on:
- the type of credit card counterfeiting we're talking about; and
- they're also going to look at the amount of the loss.
If there is a huge loss, the prosecutors will obviously want punishment for that, especially if the scheme is sophisticated.
Paying restitution
But sometimes, we can counter-balance that by either proving that the defendant did not cause all of the loss or trying to pay the loss back. If we can make the victim whole, which is also known as restitution, whether it be an:
- person,
- corporation,
- company,
- credit card company, or
- a bank.
If we can pay these people back and get their money back, then we are in a strong negotiating position with the prosecutors because they see it as one of their jobs to get the money back to the victims.
Thus, if we can help you if you're being ordered to pay restitution anyway or are found guilty of any credit card fraud-related offense, we might as well take the upper hand and get the people back.
Criminal record
They're also going to look at your criminal record. If you have a horrible criminal record marred with theft for many years, they're going to want to send you to prison for a long time.
If, on the other hand, you have no record, then you have a stronger argument to say that this is an aberration; it will never happen again. And, of course, we're going to look at the other factors like:
- sophistication,
- amount of loss,
- who was harmed,
- how many victims there were.
So, there's a whole host of factors that are going to determine whether or not you're going to go to jail or prison.
Criminal Defense for Credit Card Counterfeiting
But the key foundational thing you must have is a great defense attorney. That attorney will be able to look at your situation, who you are, what you allegedly did, what your criminal record looks like, and who the victims were and devise a game plan to put you in the best position possible.
When we talk about the best position, we're talking about keeping you out of jail or prison, guarding your reputation, and a host of other things that could befall you if you're charged with a criminal case in Los Angeles involving credit card counterfeiting-type offenses.
So, pick up the phone now and ask for a meeting with Ron Hedding. I've worked for prosecutors and a judge and been the guiding force behind the Hedding Law Firm for almost thirty years, defending cases like yours and people like you in the same position and getting unbelievable results.
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