El Paso Credit Card Fraud Attorney
Credit card and debit card fraud is a form of white-collar crime that costs merchants, banks, and credit issuers in the U.S. billions of dollars in losses each year. While the proliferation of the internet and related technological advances has made credit card fraud easier to commit and more difficult to detect, state and federal prosecutors take this offense very seriously. A conviction for credit card fraud carries significant penalties, including imprisonment and fines, and having a permanent criminal record will diminish your future prospects. Given such harsh consequences, it is critically important to be represented by an experienced fraud defense attorney.
Benjamin Law Firm, conveniently located in El Paso, routinely defends clients against credit card fraud charges throughout the state of Texas. As a former prosecutor, founding attorney Brock Benjamin has a well-earned reputation as a tough opponent at trial. Well-versed in the state and federal laws applicable to credit card fraud, our firm is guided by a principle that anyone accused of white-collar crime is entitled to the presumption of innocence, as well as to the powerful legal representation we are prepared to provide.
When you become our client, we will protect your rights and make sure you are treated fairly by the criminal justice system. Our experience handling white-collar crimes allows us to anticipate the tactics prosecutors are likely to use to gain a conviction. After carefully weighing the strength of the evidence against you, we will work tirelessly to preserve your freedom and restore your reputation.
What is credit card fraud?
Credit card fraud is a form of identity theft that involves the unauthorized use of a credit card or debit card, or any similar form of credit information, for the purpose of making purchases on the account, withdrawing funds from it, or obtaining unlawful financial gain with the intention of avoiding payment.
In particular, credit card fraud can be classified as a “card present” crime or a “card not present” crime. A card present crime occurs when the physical card has been stolen or counterfeited and is then used for purchases or cash advances. While the card may have been stolen from the victim’s person, the scheme may also involve applying for credit cards in the victim’s name or changing the address on the victim’s account and then requesting replacement cards.
Strength for the Battle Ahead Turning Challenges Into Triumphs
Here's What Sets Benjamin Law Firm Apart
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Strong Legal Relationships
Our connections with colleages in the field, law enforcement, and prosecutors enhance our ability to advocate for you.
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Board-Certified Attorney
Founding attorney Brock Benjamin is one of only six certified criminal law attorneys in El Paso County.
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Client-Centered Approach
We prioritize your needs, keeping you informed and treating you with dignity throughout the entire legal process.
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Aggressive Defense Strategy
We conduct thorough investigations and leverage our nearly 100 jury trials to create effective strategies tailored to your case.
Common Credit Card Fraud Schemes
Credit fraud is a broad term for the unlawful use of another’s credit to obtain a financial benefit (e.g. cash, goods, services) with the intention of evading payment. In particular, credit card fraud may involve opening new accounts with stolen personal information, taking over existing accounts, making purchases without the card being present, using a counterfeit credit or debit card, or using a lost or stolen card. Let’s take a look at some of the common forms of credit card fraud in Texas.
Application fraud
Application fraud occurs when a person’s identifying information is stolen and used to open an account in the victim’s name. Information can be obtained by stealing mail, such as utility bills and bank statements to obtain the victim’s name, address, phone number, Social Security number, and other details. Alternatively, thieves may create fake identification documents to open accounts or take out a loan in the victim’s name. The debts will appear on the victim’s credit report until he or she contests the charges.
Account takeover
An account takeover occurs when a party attempts to assume control of a customer’s account from service providers such as credit card issuers, banks, or internet and email service providers; the majority of account takeovers involve credit card fraud. Rather than stealing credit card numbers, which can be changed after the user reports the cards lost or stolen, account takeovers occur when parts of the victim’s identity, such as an email address, are used to gain access to financial accounts. Communications from the issuer are subsequently intercepted, keeping the victim unaware of unlawful activity until unauthorized charges or multiple questionable withdrawals appear on monthly statements. Account takeovers are often attempted through cyber attacks, phishing and malware, while less sophisticated thieves may steal discarded mail with identifying information from the victim’s garbage.
When the stakes are this high, you want a team with a track record of wins. Check out some of our recent case results and see the difference an experienced team of advocates can make.
Why Call Benjamin Law Firm?
Being charged with a white-collar crime such as credit card fraud in Texas is a serious matter. Not only will a conviction result in the loss of your freedom; the collateral damage to your reputation can follow you for years, interfering with employment prospects, especially if you are seeking work in banking or finance. Having a permanent criminal record as a convicted felon will also make it more difficult to rent an apartment. You may also lose some of your civil rights, such as the right to vote or to own or possess a firearm, and forfeit your eligibility for certain professional licenses and government benefits. When your freedom, good name, and future are on the line, you need a tough, agile credit card fraud defense attorney in your corner.
What sets Benjamin Law Firm apart is founding attorney Brock Benjamin’s experience as a prosecutor and his dedication to excellence in criminal defense. The fact that he is Board Certified in Criminal Law by the Texas Board of Legal Specialization places Brock in the upper echelon of practicing attorneys in the state of Texas. Of course, he is also well-schooled in the applicable state and federal credit card fraud statutes and has successfully defended clients in multiple jurisdictions throughout Texas and New Mexico.
Armed with firsthand knowledge of the tactics state and federal prosecutors use to gain convictions in credit card and access device fraud cases, our legal team will work to achieve the best possible outcome for your matter. A well-conceived defense starts with conducting a thorough investigation and combing through the vast amount of data that is typically associated with a credit card fraud case. Benjamin Law Firm has sufficient skills and resources for the task and typically relies on advanced technology such as e-discovery to structure a defense strategy against credit card fraud. When necessary, we also work with a network of financial and forensic experts to assess the strength of the state’s evidence.
Although credit card fraud is a common white-collar crime, each case is unique, which is why we tailor our defense strategy to your specific charges. Knowing that proving knowledge and intent is necessary for a conviction, we will mount an aggressive defense. Our objective is to win an acquittal or even a dismissal of the charges. At the same time, we will be completely honest about your prospects at trial. Depending on the circumstances, we may seek to have the charges and penalties reduced. Above all, you can trust us to always put your best interests first.
Knowing that you may have never confronted the criminal justice system, we will take the time to explain all of your rights, give you an idea of what to expect at trial, and make sure you are treated fairly. Guided by a principle that anyone who has been charged with credit card fraud in Texas is innocent until proven guilty, will offer you the aggressive legal representation you need and the personal attention you deserve. We will keep you fully informed about the status of your case, and are always available to respond to your questions and concerns.
Regardless of the charges you are facing, our legal team will treat you with dignity and respect. At Benjamin Law Firm, your rights, your freedom, and your future are our priority. If you or someone you know has been charged with credit card fraud in Texas, contact our office today for a free evaluation of your case.
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"Tireless & Diligent"
They were always so helpful and attentive and never missed answering my calls or emails! They worked tirelessly and diligently.- Brenda C. -
"Results Speak for Themselves"
Brock is a very capable and experienced attorney. I got a complete dismissal for my family violence charge. He has a respectable relationship with the courts, attributing to success for his clients.- Joshua J.
