El Paso Credit Card Fraud Attorney

Skimming 

Skimming, one of the most common credit card fraud schemes, occurs when small electronic devices known as skimmers are installed on ATMs or card readers in retail outlets, gas stations, restaurants, and cash machines elsewhere. These devices capture data containing identifying information about the cardholder stored on magnetic strip of the card with each swipe. Skimmers are often used in conjunction with a hidden camera around the ATM to simultaneously read the victim’s personal identification number (PIN). 

Skimming can also occur at restaurants or bars when an employee has possession of the victim’s credit or debit card out of the victim’s immediate view. Although skimming is usually difficult for cardholders to detect, card issuers have sophisticated tools to search for patterns of fraud, often through data-mining algorithms that discover connections between fraudulent transactions and merchant locations. 

Phishing

Phishing scams are used to convince individuals to divulge personal identifying information to what they believe are legitimate service providers or government agencies, while computer hacking can lead to credit card data being stolen through the internet. Personal identifying information, including names, dates of birth, and Social Security numbers is then often sold on the “dark web.” Individuals who facilitate the sale, purchase and use of unlawfully obtained credit information without authorization can face state and federal criminal charges. The use of the internet to commit credit card fraud can also lead to wire fraud charges.

Lost or Stolen Card 

A simple form of credit card fraud occurs when lost or stolen credit or debit cards are used to make purchases before the cardholder reports them missing.

Mail non-receipt

A credit card can also be stolen in transit after being issued by the credit card company, typically from the victim’s mailbox, and then used to make purchases or withdraw funds.

Corporate/Company credit card fraud

This type of credit card fraud occurs when an employee improperly uses a corporate or company credit card to obtain cash or make purchases. Such misuse of company funds is also considered to be a form of embezzlement. Corporate and company cards are also at risk of being cloned through skimming or counterfeiting operations (or access device fraud).

Merchant credit card fraud

This form of credit card fraud occurs when a merchant is defrauded in relation to a  credit purchase. At times, a buyer who purchased an item or used a service claims the transaction was illegitimate. The credit card company then issues a chargeback, which means the money paid to the merchant is taken back by the issuer and returned to the buyer. Buyers who deny legitimate transactions in which they willingly participated may be charged with credit card fraud for seeking a chargeback without justification. Finally, merchants are also at risk of credit card fraud if the company’s identity is stolen and processing charges are made by cloned or stolen credit cards.

These are among the many examples of credit card fraud schemes. If you have been accused of being involved in such a scheme, you may be charged with credit card fraud, identity theft, and a host of other state and federal crimes. This is why it is crucial to enlist the services of Benjamin Law Firm. Our credit card fraud attorneys will leverage their knowledge and experience to achieve the best possible outcome for your case. 

Credit Card Fraud and Identity Theft

Credit card fraud charges can also result in identity theft charges. Identity theft occurs when a party uses another individual’s personal identifying information, including credit or debit card information without permission for personal gain. A conviction for identity theft can be charged as a state jail felony, or a felony of the third, second or first degree, depending on the circumstances. The penalties may be elevated if the defendant has a prior felony conviction, committed identity theft against an elder, caused death or serious bodily injury to another person during the commission of the crime, and/or used a weapon while committing or attempting to steal another person’s identity (such as while stealing a purse). 

Credit Card Fraud/Mail Fraud/Wire Fraud

A party who uses the mail or another delivery service to engage in credit card fraud may also face mail fraud charges while using the internet (e.g. phishing, hacking) to obtain personal information can result in wire fraud charges. Mail fraud and wire fraud are both state and federal offenses. The penalties for mail and wire fraud under state law are significant, ranging from 5 years in prison and fines up to $250,000 in less severe cases, to up to 30 years in prison and $1 million in fines in aggravated cases. 

Defenses to Credit Card Fraud in Texas

To gain a conviction for credit card or access device fraud, prosecutors must be able to show that you acted with intent to defraud, knowingly used, possessed, produced or trafficked in one or more credit cards, or that you obtained money, goods or services with unauthorized credit card or access device. Federal charges can be brought if it can be shown that your conduct had an effect on interstate or foreign commerce. Nonetheless, proving “knowledge” and “intent” are high bars for the state and federal prosecutors.  

Our experienced white collar crimes attorneys know how to assert a number of valid defenses against credit card fraud, such as:

• You did not have the intent to commit credit card fraud
• You lacked knowledge that you were committing credit card fraud
• You were coerced into participating in a crime you otherwise would not have committed
• You had the cardholder’s permission to access the account

We will conduct a thorough investigation, assess the state’s evidence, and choose the best line of defense. By encouraging your participation in your case and offering you objective insights, we will work together to make the best decisions about your future.