Fort Pierce Credit Card Fraud Attorney
Strategic defense for credit card fraud investigations and charges
Using credit cards comes with risks. Identity theft rings are always on the lookout for opportunities to steal consumer data and gain unauthorized access to financial accounts. The proliferation of internet technology has fueled a dramatic increase in the number of credit card fraud cases reported each year. The strategies criminals use to operate credit card fraud schemes have evolved substantially in recent years. Some of the most elaborate schemes are operated by criminal organizations that recruit other people to help maintain the illegal enterprise. The criminal defense lawyers at Ohle & Ohle, P.A. represents individuals in South Florida who have been accused of credit card fraud. Contact us whether you suspect you may be under investigation for credit card fraud or if you have been contacted by a law enforcement agency.
Credit card fraud under state law
Florida prosecutors charge state level credit card fraud cases under two main statutes: Florida Statute § 817.61 and Section 817.611. Section 817.611 describes credit card fraud as the act of obtaining money, goods, or services by representing themselves as the cardholder or by using someone else’s card without authorization. Section 817.611 describes the crime of trafficking or possessing counterfeit payment cards. Oftentimes, credit card fraud cases involve an element of identity theft, described in section 817.568.
A defendant may be charged with a state level credit card fraud offense if the crime occurs exclusively in Florida. Nevertheless, most credit card fraud cases may be charged as federal offenses because the financial institutions that back credit cards are often located in multiple states. Therefore, any activity that involves an out-of-state card issuer may be interpreted by a federal court as entering the interstate stream of commerce. Moreover, some payment card issuers are banks that hold funds that are insured by the Federal Deposit Insurance Corporation (FDIC). Because the FDIC is a federal agency, a federal court may be able to automatically assume jurisdiction if a federally-insured bank is named in a credit card fraud case.
To prove credit card fraud under Florida law, prosecutors must prove four elements. A defendant may be convicted for credit card fraud in Florida if:
- the defendant intended to defraud
- the defendant used an unlawful or forged card
- the defendant made a misrepresentation regarding the ownership of the card
- the defendant used the card to obtain something of value
State and federal credit card fraud laws are not limited to cases that specifically involve credit cards. The laws more broadly cover any criminal case that involves a payment card, including debit cards, ATM cards, and prepaid cards.
Federal credit card fraud cases
A defendant in a credit card fraud case may be charged with a federal offense if the crime took place within the stream of interstate commerce. Interstate commerce may include using cards to make purchases on the internet, ordering items from other states, or using a card that belongs to someone who lives in another state.
Chapter 18, Section 1029 defines credit care fraud in four ways:
- knowingly using or trafficking in one or more counterfeit or unauthorized access devices
- obtaining anything of value through the fraudulent use of a credit card during a one-year period.
- knowingly possessing 15 or more counterfeit or unauthorized devices
- using device-making equipment to make unauthorized cars
Federal criminal cases are high-stakes situations that call for counsel who specifically has experience winning in federal court. Whether you are charged in state or federal court, the federal defense attorneys at Ohle & Ohle, P.A. are always prepared to defend you in any venue.
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Types of credit card fraud
Scammers operate credit card fraud schemes in multiple different ways. Some schemes target the financial institutions while others victimize consumers and merchants. The most common types of credit card fraud Involve:
- credit card theft
- phishing
- card-not-present fraud
- account takeover
- skimming
Credit card theft cases in Fort Pierce
The strategies fraudsters use to gain unauthorized access to credit cards has changed dramatically over the years. When credit cards first made their way into consumer wallets, credit card thieves used physical means to collect data they used to operate fraudulent schemes. Mail theft was one of the most common ways consumers’ credit card data landed into the hands of fraudsters. Some theft rings targeted wallets and purses for the high likelihood that the owner would have been keeping a payment card inside.
When early credit cardholders shopped in stores with their card, the merchant would make an impression of the front of the card to collect the payment information. Thieves would target stores and steal the carbon copy impressions. Sometimes, employees would leverage their access to customers’ card information and use the carbon copies to engage in payment card fraud.
Although thieves can capture credit card information without having physical contact with the card or data, consumers should still safeguard their credit cards and personal documents. Identity thieves can generally be expected to make use of any tactic that will get them access to the sensitive information they seek.
Online phishing schemes
Phishing occurs when a fraudster sends a message impersonating a reputable company or financial institution. The fraudster’s intent is to induce the message recipient into revealing personal information such as an account number or website password. Phishing messages are generally sent through email, direct message, or text message. The sophistication of the schemes range from a simple email that asks the recipient to supply the information to elaborate systems that target two-factor authentication systems that are aimed at thwarting identity thieves.
Most phishing schemes utilize a message that contains a clickable link that appears to go to a reputable website at which the victim may have a user account. The link typically appears to direct the potential victim to a banking website or utility service provider’s website. The wording of the message is aimed at creating the impression to the victim that he or she has an account that urgently requires attention or immediate payment. The message may also threaten the possibility of the victim going to jail or losing access to an important service if he or she does not follow the enclosed directions quickly.
The link enclosed in a phishing email can target the recipient in different ways, depending on the mechanics of the scheme. In some instances, the recipient may receive a message that contains a link that redirects the recipient to a website that appears authentic. After clicking the link, the website prompts the recipient to enter his or her log-in credentials. The page may be a static homepage, or an alert may appear. Other phishing schemes install malware on the recipient’s device if he or she clicks the fraudulent link. The malware may steal the recipient’s financial data by recording the recipient’s keystrokes when entering his or her username and password or by installing a virus. More subtle varieties of malware may quietly steal the victim’s data without showing overt signs that the victim’s device has become infected.
Card-not-present fraud
Card-not-present fraud occurs when someone uses someone else’s credit card credentials without authorization to conduct transactions remotely. Fraudsters find it easier to shop online, by phone, or via the mail because they can make purchases without having to interact with a salesperson. Although businesses are now less likely to ask for ID when a customer makes payment with a credit card, salespeople are an important line of defense against fraud. Employees who suspect fraud and take extra precautions can help their employers avoid losses through credit card theft.
Online shopping channels have implemented measures to reduce card-not-present fraud. Shoppers are often required to sign into an online account and provide additional details such as the cardholder’s address and zip code. Many online shopping outlets also require the purchaser to verify a security code the website sends to an email address or phone number.
Account takeover fraud
Account takeover fraud is generally the next step after phishing or identity theft. During an account takeover, the fraudster seizes control of the victim’s account and performs functions that allow the fraudster to access money or a credit line.
Once a fraudster or identity thief has access to a payment card account, he or she can make changes to make it easier for the fraudster to conduct transactions. For example, from the online dashboard, the fraudster may be able to order an additional card in his or her name. Changing the personal information on the account, including the address, ZIP code, phone number can make it easier for the scammer to verify the account. The fraudster may also be able to change the PIN by accessing the online dashboard. With the new PIN, the fraudster can make cash withdrawals. Scammers may also be able to see the victim’s personal data in the online profile and use the information to apply for more credit cards and lines of credit.
Accused of credit card fraud in Florida
Members of elaborate crime rings are not the only people who are the subjects of credit card fraud investigations. There are some instances in which an individual may be accused of credit card fraud due to a misunderstanding or explainable mistake. In those situations, a Fort Pierce credit card fraud defense lawyer can help the accused party clear his or her name.
Mistakenly using someone else’s credit card
There are times when someone may accidentally use a payment card without authorization. A child may have permission to use his or her parent’s credit card under some circumstances but not under others. Someone may authorize a friend or romantic partner to use his or her credit card for emergencies or for a specific occasion. The cardholder may revoke permission to use the card after the relationship ends. If the person who previously received authorization to use the other party’s card does not fully understand the conditions on which card use is authorized, he or she may accidentally use the card as a result of an honest mistake.
It’s also possible to accidentally use someone else’s account online. Browsers now allow people to store their card information and log-in credentials. An individual who uses someone else’s computer to place an online order may be unaware that the other person’s payment information automatically populates the checkout page.
If you are accused of credit card fraud due to a misunderstanding or online error, we can explain your case to the court. We’ll work diligently to have the charges dropped during the pretrial phase. If your case proceeds to trial, we will also defend you in court.
Under investigation for credit card fraud
The company you keep can propel you forward or hold you back. Members of criminal organizations sometimes lure their family members, friends, romantic interests, and associates into criminal activity. In some cases, the other party may not necessarily know that he or she is being recruited to do something illegal.
In a credit card fraud case, the fraudster may ask a third party to store cardmaking equipment, rent out space where the fraudster can set up his or her illegal operation, or launder money. Unfortunately, the first sign of illegal activity may come in the form of law enforcement contacting a friend or family member for an interview in a credit card fraud case. If you’ve been contacted by law enforcement, do not speak with an investigator until after you’ve consulted a credit card fraud defense attorney. Your attorney can help you avoid attracting further suspicion.
Beating a credit card fraud charge in Florida
Our seasoned state and federal credit card fraud attorneys have what it takes to win in any venue. Don’t leave your criminal case to just anyone. In a high-stakes fraud case, you need highly effective legal representation. Contact Ohle & Ohle, P.A. to learn more about strategies we use to fight against credit card fraud charges in Florida. A member of our team will evaluate your case and discuss the next steps forward.
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