According to Title 18 U.S.C. §1029 of the Federal law, it is a criminal offense to knowingly and with intent defraud to use, produce, or traffic in counterfeit access devices—access devices being cards, codes, plates, account numbers, electronic serial numbers, mobile identification numbers, personal identification numbers, or other type of account access that is used to obtain money, goods, or something of value. The same statute also applies to debit cards, ATM cards, gas cards, and other means of “plastic payment.” A merchant account number that is used to perform credit card purchases qualifies as an access device as well.
Types of Credit Card Fraud
Stealing a credit card — You look away for a moment and your wallet disappears off the store counter where you placed it while making a purchase. Or, you forget to zip up your purse in a crowd and someone slips your wallet from your bag.
Using a lost or found credit card — Accidents happen and it’s possible a card falls out of your pocket in a parking lot. Someone who finds the card could try to use it.
Account takeover — A fraudster can use personal information such as your home address, mother’s maiden name, etc., to contact your credit card company or bank, pretend they’re you, claim your card has been lost or stolen, or that you’ve changed addresses, and get the card issuer to send them a new card.
Counterfeit cards — After illegally obtaining your credit card account information with a device called a “skimmer,” fraudsters can create and use a duplicate card.
Intercepting mailed cards — Although credit card companies try to protect cards in transit, a new card can still be stolen from your mailbox.
Fraudulent applications — Using your name, birth date, Social Security number and other personal information, criminals can apply for new credit in your name.
Card-not-present — Criminals don’t need the physical card in order to use it fraudulently. They only need basic info such as the credit card number and cardholder’s name to commit mail order or online fraud.
At Carlos Gonzalez Law, we advocate for the accused and fight aggressively to get the charges against you dropped or reduced. We also take on cases where someone has been a victim of credit card fraud and needs legal help. No matter the situation we will gather all your documents and evidence and fight for you. We know the law. Contact us now.
