Credit Card Fraud

Credit Card Fraud Defense Lawyer Explains Card Fraud Charges in Las Vegas, NV

Credit card fraud is strictly prohibited by both federal and state law. Many different types of conduct are considered to be credit card fraud, all of which could result in serious criminal charges and harsh penalties including a lengthy term of incarceration.

If you have been accused of credit card fraud, you need to understand the nature of the charges against you, evaluate the evidence and determine your best course of action for responding to charges.

This could mean negotiating a plea agreement, trying for acquittal, or trying to get charges dropped before the case against you proceeds.

LV Criminal Defense can help. Our Las Vegas credit card fraud defense lawyers can provide personalized advice specific to your situation on how best to respond to charges. We can also provide you with representation in court or help to negotiate a plea agreement with federal or state prosecutors who have brought charges against you.

You should give us a call as soon as accusations of credit card fraud have been made against you because you need to formulate the best response to serious charges and we can help.

Credit Card Fraud Charges in Nevada

Credit card fraud is considered a property crime in the state of Nevada, which means you will face fraud charges under various statutes found in Nevada Revised Statute Chapter 205, which relates to crimes against property. Within the statutes found in Chapter 205, many different kinds of behavior in connection with credit cards are prohibited. For example, credit card fraud could be defined to include:

• Making use of a credit card or a debit card to make purchases despite knowing that the card has been revoked or that the card has expired.
• Using someone else’s credit card or debit card without that person’s permission.
• Providing false information on an application for a credit card, which as intentionally inflating your income when applying for a credit card
• Stealing someone’s personal identifying information and opening up a credit card in that person’s name.
• Using a skimming device that unlawfully records credit card numbers without the authorization of the card users.
• Receiving money or property that you know was obtained through credit card fraud.

Any attempt to misuse a credit card, to use a credit card in an unlawful manner, or to obtain a credit card under false pretenses can result in credit card fraud charges.

However, prosecutors generally must prove intent to defraud. This means the prosecutor must show that your actions were specifically motivated by an attempt to engage in dishonest, unlawful behavior.

Depending upon the nature of your conduct, you could also face additional charges as well. For example, if you obtained personal identifying information or credit card numbers through phishing scams, you could be charged with computer crimes and wire fraud offenses in addition to the credit card fraud charge.

It is also possible that you could face federal charges for credit card fraud under certain circumstances. For example, 15 U.S. Code section 1644 prohibits the fraudulent use of credit cards and criminalizes certain conduct including transporting stolen or counterfeited credit card numbers; using forged, lost, stolen or fraudulently obtained credit cards in interstate commerce; or receiving goods obtained with fraudulent or stolen credit cards.

Penalties under both the state and federal level can include jail or prison time and fines. You will be left with a criminal record and, in many cases, the charge is a felony offense. If you are convicted of a credit card fraud offense, you will typically also be required to make restitution. This means you will need to repay money that you obtained improperly as a result of the credit card fraud offense.

Defenses to Credit Card Fraud Charges

There are a number of potential defenses that you could raise when you have been accused of credit card fraud. Some of the possible defenses include:

• Mistaken identity: A merchant may claim you were the one swiping a stolen credit card, but they may be misremembering or it may have been someone who looked similar to you who was breaking the law. It is up to the prosecutor to prove beyond a reasonable doubt that you were the one who committed the offense, and if you can cast doubt then you should not be convicted.
• Lack of evidence: If a prosecutor does not have sufficient evidence, you cannot be convicted. In some cases, it is possible to prevent evidence that was collected from being used against you. For example, if police conducted an unlawful search of you or your home, any evidence that they obtained as a part of that investigation should be inadmissible because your constitutional rights were violated. An attorney can help you to petition to have evidence suppressed that was illegally obtained.
• Lack of intent to defraud: If you accidentally use someone else’s credit card thinking it is your own or if you make a mistake in submitting your application information when applying for a credit card, there is no intent to defraud so you should not be convicted.

There may also be other defenses available in your particular situation, so it is important to work with an experienced attorney on crafting your response to criminal charges.

Resources

LVMPD – Reporting Crimes Online

North Las Vegas Police Department – Identity Theft
2250 Las Vegas Boulevard North
North Las Vegas, NV 89030
702-633-1773

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