Fraudulent Use of Credit Cards


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Fraudulent Use of a Credit Card
allegations.

Fraudulent Use of a Credit Card is a common offense that comes with serious repercussions.  The Legislature continues to enact laws to fight credit card fraud, but legislation often ensnares more people then intended.  If you've been accused or arrested for Credit Card Fraud, give the experienced Jacksonville criminal defense lawyers of SLG Law a call today to discuss your particular case.

What is Fraudulent Use of a Credit Card?

Fraudulent Use of a Credit Card typically arises when someone is accused of making a purchase using someone else's credit card without that person's permission.  Often, these allegations come from an employer who accuses the employee of making purchases on the company credit card that were not authorized.  Other times, a family member makes accusations that a purchase was made without their permission.  Oftentimes, the accuser admits that the accused had authorization to make other purchases, but they allege the person made some unauthorized purchases.  Regardless of your situation, if you've been accused of fraudulent use of a credit card, call our experience Jacksonville criminal defense attorneys for a free consultation on your case. 

Fraudulent Use of a Credit Card is defined in Florida Statute Section 817.61.  To prove the crime of Fraudulent Use of a Credit Card, the State must prove:
  • You, with intent to defraud the issuer, or a person or organization providing money, goods, services, or anything else of value or any other person,
  • used, for the purpose of obtaining money, goods, services, or anything else of value,
  • a credit card obtained or retained in violation of this part, or
  • a credit card which you knew was forged,
  • obtained money, goods, services, or anything else of value,
  • by representing, without the consent of the cardholder, that you were the holder of a specified card, or
  • by representing that you were the holder of a card and such card had not in fact been issued.  

What are the potential sentences for Fraudulent Use of Credit Cards?

2 or fewer times in 6 month period or value of less than $100

Up to 1 year in jail

More than 2 times in 6 months period or value of $100 or more

Up to 5 years in prison

We've handled many different types of Fraudulent Use of a Credit Card cases.  While some involve a single use, most involve multiple uses of a credit card.  Whether a credit card was used at various stores and gas stations all within a short period of time, or whether it was used rarely over the course of a long period of time, the State will add up the value of the items purchased with the credit card to determine the potential sentence.  If the card was used more than twice within any six month period, or if the accumulated value of the items purchased with the credit card was $100 or more, than the charge would become a felony punishable by up to five years in prison.  Of course, the State would have to prove that each and every transaction was fraudulent.  In cases where the user had authorization to use the credit card, it may be difficult for the State to prove whether any of the purchases were fraudulent or were authorized.  

What is trafficking in credit cards?

Trafficking in Credit Cards is defined in Florida Statute Section 817.611.  A person who traffics in or attempts to traffic in 10 or more counterfeit credit cards, invoices, vouchers, sales drafts, or other representations or manifestations of counterfeit credit cards, or credit card account numbers of another in any 6 month period commits:  


Trafficking in 10 or more Counterfeit Credit Cards in 6 month period

Up to 15 years in prison


Trafficking means selling, transferring, distributing, dispensing, or otherwise disposing of a property or buying, receiving, obtaining control of, or using property with the intent to sell, transfer, distribute, dispense or otherwise dispose of such property. 

What are the possible defenses to Fraudulent Use of Credit Cards?

The most common defense to Credit Card Fraud is that you were authorized to use the credit card.  In today's world, credit card transactions occur continuously.  Credit card information is stored on computers, smart phones, IPads and more.  Sometimes, people make transactions without even seeing the credit card number they are using because multiple credit card numbers are automatically saved and the computer may self populate the information when making an online purchase.  Employers often give employees authorization to make purchases on company credit cards and are vague on what purchases the employee is authorized to make, including employee expenses, reimbursements and more.  The State must prove that you were the one who used the credit card and that you did so fraudulently.  There may be many other defenses to your Credit Card Fraud case.  Give our experienced criminal defense attorney a call so we can discuss the facts of your particular case. 
If you or a loved one has been arrested for or accused of
Fraudulent Use of Credit Cards,

Call Shorstein, Lasnetski & Gihon Now!
Jacksonville Criminal Defense Attorneys

904-642-3332 (Jacksonville)

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