Over the last twenty years, there’s been an increase of the illegal use or alteration of Financial Transaction Devices (FTDS) in the United States. In fact, the Federal Trade Commission states there were 390,000 reports of credit card fraud in the year 2020. If you’re wondering what a Financial Transaction Device (FTD) is, it can include credit cards, debit cards, point-of sale cards, amongst other financial instruments. Forging, altering, or using a fake FTD will result in serious consequences including a prison sentence.
If you or someone you know has been arrested for using an altered or fake credit card or any other FTD, it’s within your best interest to contact an experienced attorney. A skilled Michigan credit card fraud lawyer has the means and resources available to fight your charges. They can utilize their skills to formulate a sturdy defense tailor made for your circumstances. To learn more about your legal options, we highly encourage you to reach out to Dallo Law, P.C..
Oakland County Lawyer for Possession of a Fake Credit Card
Research by the Federal Trade Commission suggest that in 2020 34% of all credit card fraud reports resulted in money lost. For these reasons and more, vendors and merchants are on high alert for possible fraudulent costumers. If you’ve been arrested for a type of credit card fraud, it’s imperative you seek the counsel of an experienced defense lawyer as soon as possible.
Attorney Dallo of Dallo Law, P.C. has spent years defending clients from all types of criminal charges including financial crimes. His can apply his-depth financial and legal knowledge to your case and help you secure the best possible outcome. To set up your first consultation with Attorney Dallo, call our office at (248) 283-7000.
Dallo Law, P.C. accepts clients throughout the greater Oakland County and Macomb County area including Clinton Township, Sterling Heights, Pontiac, Troy, Romeo, Fraser, New Baltimore, New Haven, Warren Waterford Township, Clarkston, Southfield, Royal Oak, and Bloomfield Hills.
- What Crime Is Using a Fake Credit Card?
- Penalty for Possessing a Fake or Altered Credit Card
- Other Credit Card Fraud Charges
- Additional Resources
What Crime Is Using a Fake Credit Card?
Using an altered or forged Financial Transaction Device (FTD) is illegal in the state of Michigan. The act carries heavy penalties upon conviction including felony charges, which can result in a prison sentence and hefty court fines. For most cases, the forged or altered FTD is a credit or debit card—and they can look incredibly authentic. Many are complete with a logo, name, and of course have a functioning account number.
Michigan has several statues addressing the act of using fake or altered FTDs. The crime is defined under the Michigan Statutes Section 750.157 as the stealing, taking or removing of a financial transaction device or the possession of a fraudulent or altered FTD. According to the statute, a person who:
- Knowingly takes, steals, or removes a Financial Transaction Device from the device holder without their consent; or
- Knowingly possess a fraudulent or altered Financial Transaction Device (FTD)
It’s important to note, the prosecutor isn’t required to prove intent. All they need to do is prove the defendant possessed the card and knew it was fraudulent or altered.
The crime can also be found under Section 750.157r as the forgery, alteration, simulation, or counterfeiting of a financial transaction device. The statute states the defendant is guilty if they forge, materially alter, simulate or counterfeit a FTF with intent to defraud a person or entity.
What is the Punishment for Possessing an Altered or Fake Credit Card?
Although the crimes for possession of a fake or altered credit card can be found under different statutes, both are classified as felony offenses. The penalty for your charges will depend on the facts of the case as well as your lawyer’s abilities during proceedings. Both crimes can result in a felony conviction, which carry the following consequences:
- Up to 4 years in prison
- A fine of up to $5,000
The statutory penalties aren’t the only consequences you need to be worried about. Possessing an altered or fake credit card is considered to be a crime of moral turpitude and once you’re released, you’ll have a permanent criminal record exhibiting this. Potential employers, landlords, and lenders will have access to this information, and it could affect your ability to get a job, housing, or a business/home loan. Not only will you have to deal with the shame of having a criminal record, but that record could stop you from pursing your goals and dreams.
Credit Card Fraud Charges
Credit and debit card crimes have expanded and changed over the years. That is why the Michigan Legislatures have several statutes addressing different types of credit card fraud in the state. Listed below are several different types of credit or debit card fraud crimes under Michigan law.
- Fraudulent Use of FTD in Violation of Contractual Limitations – Financial institutions have contractual limitations for the benefit of the bank and the account holder. Knowingly using a financial transaction device to transfer or withdraw funds by violating those limitations is illegal in Michigan. The crime is known as “Fraudulent Use of a Financial Transaction Device to Withdraw or Transfer Funds in Violation of Contractual Violations” and located under Section 760.1587w of the Michigan Statutes.
- Credit Card Theft – Stealing another’s credit card, debit card, or any other financial transaction device is illegal in the state of Michigan. According to Section 750.157n of the Michigan Statutes, you will be charged with credit card theft if you steal, take, ore remove a FTD from the device holder.
- Using a Revoked/Cancelled Credit Card – Knowingly using a revoked or cancelled credit card, debit card, or any financial transaction device (FTD) with the intent to defraud is illegal. The crime is classified as a misdemeanor or felony depending on the defendant’s criminal record and the value of the goods, money, property stolen.
Michigan Statute for Credit Card Fraud – Visit the official website for the Michigan Legislature to learn more about credit card or debit card theft/fraud. Access the site to learn the elements of the crime, the various types of fraud, penalties, and other important information.
Fraud Investigation Unit | MSP – Visit the official website for the Michigan State Police to learn about their fraud investigation unit. Access the site to learn their services, important forms, minutes from their board meetings, and contact information.
Credit Card Fraud Oakland County Attorney | Michigan, Bloomfield Hills
If you’ve been accused of possessing a fake or altered credit card, don’t speak a word to law enforcement until you’ve secured legal representation with Dallo Law, P.C. J. Dallo of Dallo Law, P.C. has the skills and years of experience needed to fight your charges. You can feel confident and at ease 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.