Credit Card Fraud
Three years ago, a study by Barclays Bank estimated that the United States accounts for 47% of global credit card fraud.
How it works
Credit card fraud works something like this: account numbers (or access devices) are obtained through sophisticated data breaches, or less sophisticated "skimmer" devices attached to gas pumps or ATMs. Card numbers are downloaded and re-encoded onto "new" plastic card's magnetic stripes. The fraudster loads-up on goods and services, racking up thousands of dollars in charges before the victim is aware his or her account has been compromised.
What the Feds have to prove
Generally, the Government alleges that the accused person knowingly transferred, used, or possessed, without lawful authority the credit card or means of identification. Moreover, since these cases involve the unlawful use of a person’s identifying information (such as Social Security number or driver license information), the defendant usually faces additional charges of Aggravated Identity Theft, which carries the stiff "1028A" enhancement, which means the defendant may face a consecutive, two years of prison after serving time for the substantive charge.
How to fight back
Thankfully, there are defenses to credit card fraud charges. Consider, for instance, lack of knowledge. The Government has to prove that the accused knowingly used a fraudulent credit card.
Which is why it's critically important to hire an experienced Federal criminal defense attorney to develop an effective defense strategy and to fight the Government on key issues such as knowledge, intent and intended (versus actual) loss.
There is hope
If you or a loved one is arrested and charged with a Federal credit card fraud crime, please call our 24-hour telephone number 305-461-1066 to set up an appointment and free consultation so we can assess your particular case and provide you with the best legal advice on how to proceed.
We are solely a Criminal Defense Law Firm. That's all we do and all we have done since 1987.