Modern banking instruments such as debit cards and credit cards have led to specific criminal charges for improper use. Certainly anyone deliberately misusing a debit or credit card can expect legal problems. Unfortunately, sometimes people can commit these crimes without any true intent to get away with a crime.
Common Types of Card Fraud
- Use of a debit or credit card by anyone not authorized by the rightful owner to do so.
- Use of a debit or credit card that was stolen, inactive, lost, or otherwise not yours to use.
- Obtains and uses bank card account information for any account to which you are not legally entitled.
I Didn't Mean to Commit a Crime
Prosecutors can be very aggressive, and don't like dropping charges. For successful prosecution, the prosecutor has to prove that you did not have consent to use a card or otherwise access an account. Additionally, the prosecutor needs to prove that there was some level of intent to defraud or steal from the account owner. Unfortunately, you can't simply say "I didn't do anything wrong" and have it all go away. In Georgia, you could be facing prison, fines, and a future living under a public record showing a felony conviction.
As your attorney, we can represent you to argue on your behalf, and fight for an optimal outcome.
What is Financial Transaction Card Fraud in Georgia?
The State of Georgia, in Georgia Code § 16-9-33, has a number of specific provisions which delineate numerous ways that a person can fine themselves on the wrong side of the law. Georgia law specifically states:
(a) A person commits the offense of financial transaction card fraud when, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person; or cardholder, such person: (1) Uses for the purpose of obtaining money, goods, services, or anything else of value:
(A) A financial transaction card obtained or retained or which was received with knowledge that it was obtained or retained in violation of Code Section 16-9-31 or 16-9-32;
(B) A financial transaction card which he or she knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section; or (C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application in violation of subsection (d) of this Code section;
(2) Obtains money, goods, services, or anything else of value by:
(A) Representing without the consent of the cardholder that he or she is the holder of a specified card;
(B) Presenting the financial transaction card without the authorization or permission of the cardholder or issuer;
(C) Falsely representing that he or she is the holder of a card and such card has not in fact been issued; or
(D) Giving, orally or in writing, a financial transaction card account number to the provider of the money, goods, services, or other thing of value for billing purposes without the authorization or permission of the cardholder or issuer for such use;
(3) Obtains control over a financial transaction card as security for debt;
(4) Deposits into his or her account or any account by means of an automated banking device a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document not his or her lawful or legal property; or
(5) Receives money, goods, services, or anything else of value as a result of a false, fictitious, forged, altered, or counterfeit check, draft, money order, or any other such document having been deposited into an account via an automated banking device, knowing at the time of receipt of the money, goods, services, or item of value that the document so deposited was false, fictitious, forged, altered, or counterfeit or that the above-deposited item was not his lawful or legal property.
(b) A person who is authorized by an issuer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card by the cardholder or any agent or employee of such person commits the offense of financial transaction card fraud when, with intent to defraud the issuer or the cardholder, he or she:
(1) Furnishes money, goods, services, or anything else of value upon presentation of a financial transaction card obtained or retained in violation of Code Section 16-9-31 or a financial transaction card which he or she knows is forged, expired, or revoked;
(2) Alters a charge ticket or purchase ticket to reflect a larger amount than that approved by the cardholder; or
(3) Fails to furnish money, goods, services, or anything else of value which he or she represents in writing to the issuer that he or she has furnished.
(c) Conviction of the offense of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (a) of Code Section 16-9-38 if the value of all money, goods, services, and other things of value furnished in violation of this Code section or if the difference between the value actually furnished and the value represented to the issuer to have been furnished in violation of this Code section does not exceed $100.00 in any six-month period. Conviction of the offense of financial transaction card fraud as provided in subsection (a) or (b) of this Code section is punishable as provided in subsection (b) of Code Section 16-9-38 if such value exceeds $100.00 in any six-month period.
(d) A person commits the offense of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he or she knowingly makes or causes to be made a false statement or report relative to his or her name, occupation, employer, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38.
(e) A cardholder commits the offense of financial transaction card fraud when he or she willfully, knowingly, and with an intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person submits verbally or in writing to the issuer or any other person any false notice or report of the theft, loss, disappearance, or non-receipt of his or her financial transaction card and personal identification code. Conviction of the offense of financial transaction card fraud as provided in this subsection is punishable as provided in subsection (b) of Code Section 16-9-38.
(f) A person authorized by an acquirer to furnish money, goods, services, or anything else of value upon presentation of a financial transaction card or a financial transaction card account number by a cardholder or any agent or employee of such person, who, with intent to defraud the issuer, acquirer, or cardholder, remits to an issuer or acquirer, for payment, a financial transaction card record of a sale, which sale was not made by such person, agent, or employee, commits the offense of financial transaction card fraud. Conviction of the offense of financial transaction card fraud as provided in this subsection shall be punishable as provided in subsection (b) of Code Section 16-9-38.
(g) Reserved.
(h) For purposes of this Code section, revocation shall be construed to include either notice given in person or notice given in writing to the person to whom the financial transaction card and personal identification code was issued. Notice of revocation shall be immediate when notice is given in person. The sending of a notice in writing by registered or certified mail or statutory overnight delivery in the United States mail, duly stamped and addressed to such person at his or her last address known to the issuer, shall be prima-facie evidence that such notice was duly received after seven days from the date of deposit in the mail. If the address is located outside the United States, Puerto Rico, the Virgin Islands, the Canal Zone, and Canada, notice shall be presumed to have been received ten days after mailing by registered or certified mail or statutory overnight delivery.
Federal Charges & Sentences
An arrest for credit card fraud or debit card fraud may include factors that warrant federal criminal charges. Common federal charges related to illegal credit card or debit card use include, but are not limited to:
- Counterfeit Access Device manufacturing, distribution or possession
- Use of a Counterfeit Access Device
- Identity Theft / Identity Fraud
Card Fraud Lawyer in Cherokee County GA
If you need help with financial transaction card fraud in Georgia you need to consult with a credit card fraud lawyer as soon as possible. Any criminal charges can be devastating to your freedom, personal relationships, and ability to get a job. Contact a credit card fraud attorney online or call 770-956-1400.
