Federal Criminal Credit Card Fraud Lawyers
You Need Dedicated Federal Criminal Defense Lawyers Who Know How To Defend Against Credit Card Fraud Charges
Federal law enforcement typically charges financial crimes involving fraud by claiming that fraudulent statements were made to obtain money or property. Federal credit card fraud is such an offense and often takes the form of identity theft involving the unauthorized use of another person’s credit card information for financial gain. Charged as identity theft, aggravated identity theft, or wire fraud, federal agencies, including the Secret Service and FBI, are usually responsible for conducting the investigation for referrals to the Department of Justice.
Cases that we have handled involving credit card fraud also often include:
- Identity theft
- Possession of an unauthorized access device such as a credit card or account number
- Using an unauthorized access device such as a credit card or account number
- Wire fraud through misrepresentation to obtain credit
- Mail fraud through misrepresentation to obtain a credit card or a line of credit
- Conspiracy to defraud by credit card and selling it on the dark web or elsewhere
One of the most common federal statutes charged by the Department of Justice in credit card fraud cases is:
18 U.S.C. § 1029, which states that
(a) Whoever –
(1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;
(2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;
(3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;
(4) knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment;
(5) knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000;
(6) without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of –
(A) offering an access device; or
(B) selling information regarding or an application to obtain an access device;
(7) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a telecommunications instrument that has been modified or altered to obtain unauthorized use of telecommunications services;
(8) knowingly and with intent to defraud uses, produces, traffics in, has control or custody of, or possesses a scanning receiver;
(9) knowingly uses, produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunications service without authorization; or
(10) without the authorization of the credit card system member or its agent, knowingly and with intent to defraud causes or arranges for another person to present to the member or its agent, for payment, one or more evidence or records of transactions made by an access device; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section.
(b) (1) Whoever attempts to commit an offense under subsection (a) of this section shall be subject to the same penalties as those prescribed for the offense attempted.
(2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both.
(c) Penalties –
(1) Generally – The punishment for an offense under subsection (a) of this section is –
(A) in the case of an offense that does not occur after a conviction for another offense under this section –
(i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of subsection (a), a fine under this title or imprisonment for not more than 10 years, or both; and
(ii) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a), a fine under this title or imprisonment for not more than 15 years, or both;
(B) in the case of an offense that occurs after a conviction for another offense under this section, a fine under this title or imprisonment for not more than 20 years, or both; and
(C) in either case, forfeiture to the United States of any personal property used or intended to be used to commit the offense.
(2) Forfeiture procedure – The forfeiture of property under this section, including any seizure and disposition of the property and any related administrative and judicial proceeding, shall be governed by section 413 of the Controlled Substances Act, except for subsection (d) of that section.
(d) The United States Secret Service shall, in addition to any other agency having such authority, have the authority to investigate offenses under this section. Such authority of the United States Secret Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury and the Attorney General.
What To Do If You’ve Been Arrested And Charged With Credit Card Fraud
If you are facing federal credit card fraud charges, you need to secure the best defense you can afford from an experienced federal credit card fraud lawyer from the Law Offices of Paul D. Petruzzi, P.A. Contact our firm as soon as possible to schedule your initial case evaluation. We will discuss your case in confidence and explore any possible defense strategies that may be available to you.
We have handled more than 600 criminal cases in Federal court relating to all types of federal crimes and have more than 30 years of experience as private criminal defense lawyers practicing in federal criminal court. As a reflection of this commitment, we earned an AV rating from Martindale-Hubbell*, a Superb Rating on Avvo, and inclusion in the Top 100 Trial Lawyers by The National Trial Lawyers.
Our goal is to help you mount your best defense to the crimes you are accused of, and we always have your best interests in mind. Contact us today.
Get The Help You Need To Defend Yourself Against Federal Credit Card Fraud Charges
Discuss your case in a FREE consultation with a Miami credit card fraud lawyer now!
*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.