One of the most common white collar crimes committed in Michigan is the fraudulent use or possession of another’s credit or debit card information. However, just because the crime is frequently committed doesn’t mean the penalties for credit card fraud are light. In fact, illegally possessing, stealing, using, or forging a financial transaction device without the authorized user’s consent could result in felony charges, which means possible time in prison.
The consequences of a credit card fraud conviction could haunt you and your family for years. Having the conviction on your record could seriously damage your career, reputation, and personal life. Not to mention the criminal penalties that could sentence you to years in prison and pay expensive fines. If you or someone you know has been charged with a type of credit card fraud, it’s crucial you contact legal counsel as soon as possible.
Credit Card Theft Attorney in Oakland County, Michigan
Anyone accused of credit card fraud or fraudulent use of a financial transaction device needs a proficient and skilled Michigan criminal defense lawyer immediately. If you are under investigation for credit card fraud, then we highly suggest you gain legal representation with Dallo Law, P.C.. At Dallo Law, P.C., our managing attorney J. Dallo will review all the potential defenses for your circumstances and develop the best defense strategy for your charges.
You can set up your first free consultation with Dallo Law, P.C. by calling his office at (248) 283-7000. Dallo Law, P.C. accepts clients throughout the Oakland County and Macomb County area including Bloomfield Hills, Pontiac, Troy, Royal Oak, Novi, Rochester Hills, Waterford Township, Clinton Township, Sterling Heights, Eastpointe, Roseville, Fraser, Utica, and New Baltimore.
- Different Credit Card Crimes Under Michigan Law
- Examples of Credit Card Fraud
- Possible Penalties for Credit Card Fraud
- Additional Resources
Different Credit Card Crimes Under Michigan Law
If you’ve been accused of possessing, altering, or using a credit or debit card without authorization and had the intent to defraud, then you could be charged with one of the following crimes under the Michigan Penal Code. Take note, the term “financial transaction device” (FTD) refers to any electronic funds transfer card such as a credit card, debit card, point-of-sale card, or even gift card/rebate card. A person can also be considered in possession of a financial transaction device if they simply have the number that can be used to access the alleged victim’s financial account.
- Forging or Altering a Counterfeit FTD – Forging, altering, simulating or counterfeiting a financial transaction device such as a credit card is illegal in the state of Michigan. So, creating a false or forged credit or debit card will lead to serious penalties. This crime can be found under the Michigan Penal Code Section 750.157r, which states that forging or altering a counterfeit FTD is charged as a felony.
- Credit Card Theft – The Michigan Penal Code Section 750.157n prohibits a person from knowingly stealing, taking, or removing a financial transaction device from the owner. The statute also states it’s illegal to possess a fraudulent or altered financial transaction device such as a fake credit card or check. Violating section 750.157n will automatically result in felony charges.
- Fraudulent Use of FTD to Withdraw or Transfer Funds in Violation of Contractual Limitations – Section 750.157w of the Michigan Penal Code states anyone who knowingly, and with intent to defraud, uses a financial transaction device such as a credit or debit card to transfer or withdraw funds in violation of contract limitation laws is guilty of a felony.
- Use a Revoked or Cancelled FTD with Intent to Defraud – In Michigan, it’s illegal to knowingly use a revoked or cancelled financial transaction device with the intent to defraud. If convicted for the crime, the offender will be guilty of a misdemeanor or a felony depending on their criminal history and the amount of money defrauded.
- Possession of Another’s FTD with Intent – Possessing or controlled another’s financial transaction device with the intent to use, deliver, or sell without consent is a crime under the Michigan Penal Code Section 750.157p. Violation of the Michigan Penal Code section 750.157p will result in felony charges.
Examples of Credit Card Fraud in Michigan
A person can be charged with credit card fraud in various forms based on the circumstances of the case. The following is some common examples of credit card fraud in the state of Michigan.
- Modifying or altering a credit or debit card.
- Using or possessing another’s gift card without their permission
- Stealing, using, or possessing another’s credit card or debit card without permission
- Using or possessing another’s personal identification number (PIN) without consent
- Manufacturing a counterfeit credit or debit card based on another’s information
- Delivering, selling or circulating the information of another person’s credit or debit card without their authorization
Possible Penalties for Credit Card Fraud in Michigan
The sentencing requirements for credit card fraud depend on the crime and other factors including the value of money, property, or services you allegedly defrauded. If the amount defrauded was less than $1,000, then you’ll likely face a misdemeanor. The judge may enhance your charge to a felony though if the court finds you defrauded more than $1,000. The following are some possible penalties you may face if you’re convicted of credit card fraud.
- You could be sentenced to time in jail or prison.
- You will be required to pay large fines as a part of sentencing.
- Depending on the amount stolen, you may be court ordered to pay restitution costs to the victim and their family.
- You will have a criminal record and if it’s a felony you won’t be able to expunge it.
Identity Theft Prevention – Often the crime of credit card fraud is connected to identity theft as the offender may obtain the alleged victim’s credit card information online. Visit the official website for the Department of Attorney General to learn how to prevent identity theft. Access the site to find out how to reduce your risk, how credit monitoring services work, how the department detects fraud online, and identity theft insurance options.
Credit Card Fraud Laws in Michigan – Visit the official website for the Michigan Legislature to learn more about their credit card crimes. Access the site to learn the legal definitions, penalties for credit card theft, possession of FTD with intent, and other various offenses.
Attorney for Credit Card Abuse in Oakland County, MI
Have you been accused of credit card fraud? If so, don’t speak a word to law enforcement until you’ve secured excellent legal representation with Dallo Law, P.C.. J. Dallo of Dallo Law, P.C. is a reputable and skilled defense lawyer who will work tirelessly to determine the best possible defense for your case. Feel confident about your defense when you walk into that courtroom with Dallo Law, P.C..
Set up your first appointment with attorney J. Dallo of Dallo Law, P.C. at this number (248) 283-7000. At the consultation he will review the facts of your case and lay out all your avaialble legal options. Dallo Law, P.C. can be found in Bloomfield Hills, but represents clients throughout the greater Oakland County and Macomb County area.