Finance

Credit card fraud, definitions and penalties

Credit card fraud, Definitions and penalties

Credit card fraud can be a separate offence or a charge that is levied in conjunction with other government or federal fees. People convicted of credit card fraud are facing serious consequences.

 Types of credit card fraud

 Credit card fraud can be committed in several ways. This term covers many different offences. The commonality of the offences, however, is that the defendant fraudulently used a credit card to obtain goods or services with the intention of not paying them.

 A common way in which this crime is committed is when a person steals the card for which they were recently requested. This crime can coincide with post fraud or theft charges as the person often steals the card from the person’s mailbox. Alternatively, the offender can contact the credit card account and change the mailing address. He can then request a new card at the new address.

 Another common form of mail fraud is application fraud. This happens when one person uses someone else’s identification information to get a credit card. This offence can be committed if the offender has sufficient information about the victim to apply for a credit card. However, the offender may provide false information, including employment information, phone number and address information, to qualify for the credit and to evade discovery by the real person.

 Fighting fraud can occur if the offender charges unauthorized charges on existing accounts, often on multiple accounts. Sometimes a credit card is stolen and used for unauthorized purchases.

 A more sophisticated version of credit card fraud involves the reproduction, imitation or modification of cards. These cards use the same numbers as legitimate cards and are often difficult to recognize.

 In some cases of credit card fraud, the offence is committed when someone gives a merchant an unauthorized credit card number.

 Identity theft

 Often, credit card fraud is a component of identity theft. This crime occurs when a person’s identification or financial information is used for financial gain. In some cases, this theft can last for years. Identity theft can be levied at the state or federal level. Depending on the seriousness of the offence and the economic impact on the victim, identity theft can be condemned as a crime or offence.

 Other crimes

 The commission of credit card fraud can lead to other crimes.

For example, computer fraud may be present when someone steals data to commit identity theft, unauthorized access to protected computers, or installation of malicious software or other harmful viruses for financial gain.

 Elements of credit card fraud

 If someone is prosecuted for credit card fraud, the prosecutor has the duty to provide evidence that the defendant has committed each offence by evidence beyond reasonable doubt. The elements are set out in the state or federal indictment faced by the defendant. However, the elements of credit card fraud generally include:

 1) The Defendant acquires or fraudulently collects the name of another person on a credit card application or credit card transaction.

 2) The defendant uses his credit card in the knowledge that he has expired, has been revoked or has sufficient funds to pay for the goods. or

 3) The defendant sells goods or services to third parties who know that the card used for the transaction has been acquired illegally or has been used improperly.

 Defense against credit card fraud

 The best defence against a criminal charge is often to show that the prosecution has not proved any of the essential elements of the crime. For example, if credit card holders are charged with credit card fraud for accepting an unauthorized card, the defence may be that the defendant did not meet the required requirements, which means that the card was “unauthorized” in this particular case. If a person has authorized another person to use their card, the forfeited item may not be valid.

 legal advice

 Persons charged with credit card fraud or identity theft may wish to contact a defence lawyer to protect their legal rights. A lawyer can advise a defendant on what action needs to be taken to avoid self-incrimination. In addition, he or she can explore all applicable defences and work to reduce possible convictions.

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