Scams and fraud are rampant throughout the United States. The Federal Trade Commission found that one in ten adults fall victim to a scam or fraud every single year. Considering that the adult population of the United States consists of about 258.3 million people, this means about 25 million adults are defrauded yearly.
One of the most common ways fraud takes place is through fraudulent use of credit cards. Credit card fraud, however, is a very broad subject with numerous different crimes falling under the same umbrella. These crimes and their punishments are governed by Chapter 817, Part II of the Florida statutes.
The most basic method of fraud is physical credit card theft. If someone takes a credit card from the cardholder without their consent, then the one who stole the card has committed a first-degree misdemeanor. This is punishable by up to one year in prison and a fine up to $1,000. Other credit card crimes that are considered first-degree misdemeanors include purchasing or selling someone else’s credit card, obtaining control of someone else’s credit card for debt security, intentionally using a credit card that was mistakenly delivered, and signing someone else’s credit card.
There are other credit card crimes that, due to their heightened severity, are treated as third-degree felonies. One of these crimes is credit card forgery. Credit card forgery takes place when someone creates a false new card or modifies an existing one with the intent to defraud. Actually using the fake card is also considered part of this crime. However, someone can still be charged with credit card forgery even if they haven’t used the card. According to subsection (6)(b) of Florida statute 817.60, “a person other than an authorized manufacturer or issuer who possesses two or more counterfeit cards is presumed to have violated this subsection.” So, it may be best to think twice before modifying an old credit card for fun.
Another severe crime is unlawful possession of a stolen credit card. Unlawful possession occurs when someone knowingly possesses a stolen credit card and intends to hinder the recovery of the card. A more extreme example of this would be if someone purchased a stolen credit card on the black market and moved to a completely different state to escape the original card holder. If someone, such as a cashier, is retaining the stolen card for the purposes of an investigation or simply holding the card for a transaction, they are not considered to be committing a crime.
Both credit card forgery and unlawful possession of a credit card are considered to be third-degree felonies. As a result, any person charged with one of these can be sentenced to up to five years in prison and a fine of up to $5,000.
If you have been accused of committing credit card fraud, you will need an experienced criminal law attorney who can critically analyze your case and properly inform you about your options. Serving Pinellas, Pasco & Hillsborough Counties, Call Hendry & Parker, P.A, in downtown Dunedin, at (727) 205-5555 today for a free consultation.