Credit card fraud is a serious and complex criminal offense that law enforcement authorities vigorously pursue due to its potential for substantial financial harm and its impact on victims. This type of fraud covers various deceitful activities linked to credit and debit cards, for example, unauthorized use, counterfeiting, identity theft, and online scams.

In the fight against credit card fraud, investigators use advanced techniques to locate and apprehend wrongdoers, while prosecutors diligently seek accountability for their actions. Convictions for credit card fraud can lead to penalties like fines, restitution to victims, probation, and imprisonment, contingent on the severity of the offense and relevant state and federal laws.

Facing allegations and investigations related to check fraud can be profoundly distressing and challenging. Accusations of check fraud bear significant personal and legal repercussions. Therefore, it is in your best interest to consult with an experienced Fresno attorney who can offer essential guidance and strong advocacy to protect your rights and pursue the most favorable outcome for your case. At California Criminal Lawyer Group, we have the expertise to navigate the intricacies of check fraud cases, enabling you to address these serious allegations effectively.

Credit Card Fraud Under California Law

Penal Code Sections 484e, 484f, 484g, 484h, 484i, and 484j comprehensively cover a range of debit card, credit card, and access card fraud offenses within California's legal framework. These provisions detail specific criminal actions tied to payment card fraud. They include unauthorized usage, counterfeiting, holding card information unlawfully, and the authority granted to law enforcement during investigations in these matters. Understanding these statutes is crucial for individuals to grasp the potential legal consequences associated with fraudulent activities involving payment cards.

  1. Penal Code 484e — Stolen Credit or Debit Cards

Penal Code Section 484e establishes that stealing a debit or credit card or its stored information is a crime. This law covers various access card fraud activities, including unlawfully obtaining, having, selling, transferring, or deceitfully using access cards and related information.

Penal Code Section 484e specifically outlines two primary criminal offenses:

  • Committing a crime if an individual engages in the sale, transfer, or acquisition of a credit or debit card without obtaining the cardholder's consent and deliberately intends to defraud — This pertains to prohibiting unauthorized transactions involving these cards, executed with fraudulent intent.
  • Establishing an offense when a party unlawfully retains possession of another person's debit or credit card information without securing their consent and intends to employ that information for fraudulent purposes — This provision centers on the unlawful possession and deceitful utilization of card data.

In both scenarios, the terms "defraud" or "fraudulently" indicate efforts to deceive or persuade someone through dishonesty and deceit, underscoring the prohibited activities' fraudulent nature.

Penalties for a Penal Code 484e Violation

A violation of PC 484e is classified as grand theft. It is a wobbler offense. This means that prosecutors can pursue misdemeanor or felony charges for the crime.

If you are convicted of a misdemeanor violation, you will face the following penalties:

  • Up to one year in jail.
  • A fine of up to $1,000 or both.

If you are convicted of a felony violation, you will face the following penalties:

  • 16 months, 2, or 3 years in jail.
  • A fine of up to $10,000 or both.

  1. Penal Code 484f — Forgery of Credit Card Information

Forgery of credit card information involves a broader range of deceptive actions related to manipulating credit card data. This can include creating, altering, or using counterfeit credit card details with the intent to deceive and carry out fraudulent activities.

Penal Code Section 484f addresses the forgery or counterfeiting of credit cards, debit cards, or access cards. It specifically targets criminal activities associated with making counterfeit cards or tampering with existing ones, all with the intent to commit fraud.

Within this legal provision, there are three distinct ways to breach Penal Code Section 484f:

  • Altering a credit or debit card involves making unauthorized modifications to an existing card, often to defraud others. These alterations include changing card details or information.
  • Counterfeiting or creating counterfeit debit or credit cards entails producing fake cards that mimic authentic ones. Offenders make these forged cards intending to use, sell, or transfer them for fraud.
  • Signing someone else's name during a credit or debit card transaction without consent constitutes another violation. This action entails falsely representing another individual by signing their name in a card-related transaction, all without the cardholder's authorization. It falls under the category of credit card fraud and carries legal consequences.

Penalties for a Penal Code 484f Violation

Forging credit card information is also a wobbler offense.

If you are convicted of a misdemeanor violation, you will face the following penalties:

  • Up to one year in jail.
  • A fine or both.

If you are convicted of a felony violation, you will face the following penalties:

  • A maximum of 3 years in prison.
  • A fine and
  • Victim restitution.

  1. Penal Code 484g — Fraudulent Use of a Credit Card

Penal Code Section 484g delves into the specific criminal aspects of credit card fraud. Within this legal framework, there are two critical scenarios addressed:

  • Fraudulent use of altered or unauthorized access card information — Theft occurs when an individual with an intent to defraud uses access card information (credit card data) that has been tampered with, illicitly obtained, or retained without consent. This includes using access card information that has been altered, acquired unlawfully, or held without authorization. It also covers instances where an individual uses forged, expired, or revoked access cards.
  • Misrepresentation as the cardholder — Another form of theft arises when an individual, without the card holder's consent, falsely presents themselves as the legitimate cardholder of an access card that has not been legitimately issued. This deceptive act is used to obtain money, goods, services, or other valuable items.

Intent and the lack of the cardholder’s consent are pivotal elements in a PC 484g violation case. Further, the severity of the offense is contingent on the value of the fraudulent gains. Specifically, the threshold is $950.

Penalties for a Penal Code 484g Violation

You can either face petty theft or grand theft penalties, depending on the value of the loss in the case. If the loss amounts to a maximum of $950, you will face petty theft penalties. If the value exceeds $950, you will face grand theft penalties.

Petty theft is a misdemeanor violation punishable. by the following penalties:

  • A jail sentence of up to one year.
  • A fine not exceeding $1,000.

On the other hand, grand theft is a wobbler offense.

You will face the following penalties if the courts find you guilty of a misdemeanor violation:

  • Up to one year in jail.
  • A fine of up to $1,000 or both.

You will face the following penalties if the courts find you guilty of a felony violation:

  • Up to 3 years in prison.
  • A fine of up to $10,000 or both.

  1. Penal Code 484h — Retailer-Related Credit Card Fraud

Penal Code Section 484h squarely addresses fraudulent activities linked to access cards and their transactions. This provision primarily focuses on individuals, including retailers, who use deceptive practices. It outlines two specific scenarios that can lead to theft charges:

  • Unauthorized use of access cards for goods or services — Any retailer or individual who, with the intent to defraud, provides goods, money, services, or any valuable item when presented with an access card that has been unlawfully obtained or retained (in violation of Section 484e) or is recognized as a counterfeit, forged, expired, or revoked access card, and subsequently receives payment for such transactions, commits theft. The crime becomes grand theft if the cumulative payment for all these transactions exceeds $950 within a continuous six-month period.
  • Presenting sales slips without providing commensurate value — A separate form of theft occurs when a retailer or individual submits a sales slip or other evidence of an access card transaction for payment but does not furnish goods, money, services, or equivalent value corresponding to the transaction's amount. If the difference between the actual value provided and the payment received for presenting these transactions surpasses $950 within any consecutive six-month period, it is likewise considered grand theft.

Penalties for a Penal Code 484h Violation

As mentioned before, the threshold is $950 within six months.

Under PC 487, should a retailer engage in credit card fraud and amass over $950 in gains from their fraudulent activities within a continuous six-month timeframe, the offense becomes grand theft, a wobbler offense.

A conviction on misdemeanor charges results in the following penalties:

  • Up to one year in jail.
  • Possible fine or both.

A conviction on felony charges results in the following penalties:

  • 16 months, 2, or 3 years in prison.
  • Possible fine or both.

Per PC 484 and Section 488, retailers commit petty theft if they breach PC 484h by accumulating less than $950 in gains from their deceptive conduct within a continuous six-month timeframe. Petty theft carries less harsh penalties than grand theft since it is a misdemeanor violation. A conviction will result in the following penalties:

  • Jail time of up to six months.
  • A fine of up to $1,000.

  1. Penal Code 484i — Counterfeiting Credit Cards

Penal Code 484i covers a range of offenses concerning access cards and fraudulent actions related to them. Here's a clear breakdown of the essential aspects within this section:

  • Possession of incomplete access card — Per PC 4841(a), anyone found possessing an incomplete access card, intending to complete it without the issuer's consent, commits a misdemeanor.
  • Forgery of access card information — PC 484i(b) defines forgery as varying, altering, changing, or modifying access card account information on any part of an access card with the intent to defraud. This includes information encoded in a magnetic stripe or other medium not visible to the naked eye. Individuals who authorize or consent to these alterations, resulting in charges or bills going to someone other than the legitimate cardholder, are also considered guilty of forgery.
  • Possession or trafficking in card-making equipment — PC 484i(c) addresses the possession, creation, or trafficking of equipment used to make cards or incomplete access cards to produce counterfeit access cards.

Penalties for a Penal Code 484i Violation

A violation of PC 484i(a) is a misdemeanor. The offense is punishable by the following penalties:

  • Up to six months in jail.
  • A maximum fine of $1,000.

A violation of PC 484i(b) is a wobbler. Any violations of this section are subject to the penalties outlined under PC 470, the forgery law.

A breach of this statute results in a misdemeanor charge only when certain conditions are met:

  • The forged document must fall under a check, money order, or similar instrument.
  • The value of the instrument must not exceed $950.

Under this statute, misdemeanor violations are punishable by the following penalties:

  • A jail sentence of up to one year.
  • A fine of up to $1,000 or both.
  • Summary or misdemeanor probation instead of jail time.

On the other hand, felony convictions are punishable by the following penalties:

  • Up to 3 years in prison.
  • Felony or formal probation.
  • A fine of up to $10,000.

A violation of PC 484i(c) is also a wobbler offense.

Convictions for misdemeanor violations attract the following penalties:

  • Up to six months in jail.
  • A fine of up to $1,000.

Convictions for felony violations attract the following penalties:

  • 16 months, 2, or 3 years in prison.
  • A fine of up to $10,000.

  1. Penal Code 484j — Publishing Credit Card Details

If an individual reveals sensitive access-related information, such as:

  • Access card details,.
  • PINs,.
  • passwords,.
  • access codes.
  • debit card numbers.
  • bank account numbers or
  • the specific coding used in access card issuance to evade lawful charges or with the knowledge that it will be used fraudulently, they commit a misdemeanor.

In this context, "publishes" means sharing this information with one or more people. It can be achieved through:

  • Spoken communication, in person or on the phone,.
  • Broadcasting via radio or television,.
  • Posting on a computer network or bulletin board, or
  • Written communication including letters, circulars, memos, newspapers, handbills, or magazine articles, or books.

Penalties for a Penal Code 484j Violation

PC 484j violations are misdemeanors. Convictions result in the following penalties:

  • Up to six months in jail.
  • A maximum fine of $1,000 or both.
  • Summary or misdemeanor probation.

Federal Law Against Credit Card Fraud

Title 18 of the United States Code, Section 1029, outlines several federal offenses related to access devices and credit card fraud. Per Section (a) of the law, it is a crime to:

  1. Knowingly engaging in creating, trading, or using counterfeit access devices intending to defraud others.
  2. Knowingly using unauthorized access devices with the intent to defraud, resulting in the acquisition of $1,000 or more within 12 months.
  3. Possess 15 or more counterfeit or unauthorized access devices intending to defraud.
  4. Participate in trafficking, producing, custody, control, or possessing equipment used for creating devices with the intent to defraud.
  5. Conduct transactions with access devices issued to others intending to defraud, resulting in an aggregated value of $1,000 or more within one year.
  6. Solicit without the issuer's consent to offer access devices or sell related information with the intent to defraud.
  7. Use or possess modified telecommunications instruments to obtain unauthorized telecommunications services.
  8. Possess or use scanning receivers.
  9. Possess or use hardware or software configured to modify telecommunications instrument information for unauthorized use.
  10. Present transaction records to a credit card system member or agent with the intent to defraud.

Additionally, section (b) of the law addresses attempts and conspiracies to commit the crime:

  • Attempted offenses under subsection (a) are subject to penalties similar to those for completed crimes.
  • Participation in a conspiracy involving two or more individuals to commit offenses under subsection (a) can lead to fines or imprisonment, contingent upon the specific actions of the involved parties.

Penalties if Convicted on Federal Charges

If you are convicted for violating 18 U.S.C. 1029, the consequences vary based on the specific acts committed, as outlined earlier:

For acts 1, 2, 3, 6, 7, or 10, you could face:

  • A prison sentence of up to 10 years in federal custody.
  • A fine of up to $250,000 or both.

For acts 4, 5, 8, or 9:

  • An imprisonment of up to 15 years in federal prison.
  • A fine of up to $250,000 or both.

Fighting Credit Card Fraud Charges

You can assert defenses to contest credit card fraud allegations. Depending on the unique circumstances of your case, there are various potential defenses that your legal counsel can choose from:

  1. You Had No Intention to Defraud

One potential defense against credit card fraud allegations is establishing that you had no intention to defraud or engage in fraudulent activity. In credit card fraud cases, proving intent plays a pivotal role in securing a conviction. If it can be demonstrated that you genuinely believed you had authorization to use the card or were unaware of any fraudulent activities, this could significantly undermine the prosecution's case against you. Your legal counsel can collect evidence and construct a compelling argument to bolster this defense.

  1. No Probable Cause

Another avenue to challenge credit card fraud allegations involves asserting the absence of probable cause for your arrest or the search and seizure of evidence. Law enforcement must have a legitimate reason, supported by evidence or concrete facts, to justify making an arrest or conducting a search. If your attorney can convincingly establish that authorities lacked probable cause when they initiated the investigation or took action against you, it could result in the exclusion of vital evidence in court.

This defense strategy centers on a meticulous examination of the legality surrounding your arrest and the process of collecting evidence to identify any potential infringements on your rights. Our role is to assess whether there were any procedural errors or violations of your constitutional rights during your arrest or the investigative procedures. If we identify these errors or infringements, we can present this argument in court to challenge the overall validity of the case brought against you.

  1. You Did Not Engage in Interstate Commerce

One potential defense against federal charges related to access devices and credit card fraud under 18 U.S.C. 1029 involves arguing that the alleged actions had no significant impact on interstate or foreign commerce. This defense becomes relevant when it can be demonstrated that the purported criminal activities were exclusively local and lacked substantial interactions across state or international borders.

For example, John, a California resident, acquired a credit card number without consent and used it to make online purchases exceeding $1,000. These purchases were made from an online store based in California, and the items were shipped directly from a local warehouse within the state. However, during their investigation, federal authorities mistakenly believed that the goods were shipped out of state.

In this scenario, John's actions can be characterized as inherently local. The credit card fraud transpired entirely within California, involving a state-based online store and a nearby warehouse. No substantial interstate or international elements are involved, as all facets of the fraudulent transaction occurred within California's borders. John's attorney could use this defense. He/she will contend that federal charges are unwarranted because the activities lacked a connection to interstate or foreign commerce.

Find a Fresno Criminal Defense Attorney Near Me

If you are facing credit card fraud charges in Fresno, seeking the counsel of a qualified criminal defense attorney is in your best interest. At California Criminal Lawyer Group, our criminal defense attorney team has the expertise to offer invaluable legal guidance and robust advocacy during your legal proceedings.

Dealing with criminal charges, especially those connected to fraud, can be intricate, and an experienced attorney's presence can significantly influence your case's outcome. We play a pivotal role in elucidating the charges brought against you, exploring potential defenses, engaging in negotiations with prosecutors, and, if required, zealously representing your interests in court.

Every individual has the inherent right to legal representation. Thus, consulting with us is an important step to safeguard your rights and ensure a fair legal process. Call us today at 559-712-8377 for further assistance.