Like many other financial crimes, credit card fraud is considered a white-collar crime. Depending on the severity of the offense, those who are under investigation for credit card fraud could be facing criminal charges in Colorado as well as federal charges under U.S. Codes 18 USC § 1029. It is also important to be aware that anyone who is facing a credit card fraud charge could also face charges of identity theft which elevates the crime to a Class 4 felony charge under Colorado statutes.
Credit card fraud is defined as the intention and unauthorized use of another cardholder's account to make purchases or gain financially. It is also important to be aware one does not have to be in physical possession of a credit or debit card to be found guilty of credit card fraud.
When illegal transactions exceed $2,000 perpetrators will be facing both Colorado charges and will also be under investigation by the Federal Trade Commission (“FTC”) who acts in an investigative capacity and will furnish the results of their investigation to the proper authorities. That is why it is imperative you call a credit card fraud lawyer immediately if you are facing charges or have been contacted by a prosecutor and informed that you are under investigation. Any contact from Colorado law enforcement regarding details of a pending credit card fraud case (whether you are the primary suspect or not) warrants the immediate need for a Denver credit card fraud lawyer.
For personalized information regarding your credit card fraud case, call our Denver credit card fraud lawyer at (720) 548-2990.
Credit card fraud involves the taking a credit or debit card, or the numbers associated with those cards with the intent to defraud. The intent is to either transfer or the card to another person or to utilize the card to purchased goods or services utilizing the instrument.
Criminal charges may be filed for up to five years after the last illegal transaction was made with an unauthorized credit card, debit card or using the numbers of either.
Since most cases of credit card fraud also result in charges of identity theft under Colorado law these crimes will be classified as a Class 4 felony which will mean a guilty finding will result in jail time of between two and four years, probation of up to one additional year and fines of up to $500,000. Federal penalties could be as much as 20 years in prison, forfeiture of any assets obtained illegally and steep fines.
In addition to identity theft charges, those who are charged with credit card fraud may also be charged with forgery, illegal possession of equipment (such as credit card skimmers), illegal use of interstate transportation for the purposes of moving, transferring or shipping credit cards or receipt of stolen goods. These could potentially mean the penalties will be far harsher than the minimum requirements under credit card fraud statutes.
Credit card fraud charges are often investigated by multiple agencies both at the state and federal level. There is a relatively good chance you will be notified you are under investigation before you are arrested. If you find out you are under investigation for identity theft or credit card fraud of any type, it is imperative to begin working with a Denver credit card fraud lawyer immediately.
Your freedom, your ability to secure housing and employment and more are on the line if you are charged and subsequently convicted of any charges associated with credit card fraud.
Immediately upon learning you are being investigated for any type of white collar crime including credit card fraud, contact the Law Office of Kevin Cahill at (720) 548-2990. Oftentimes, we can help avoid your being indicted on any charges by immediately working with the investigative agency to show them why their investigation will yield no results. We cannot emphasize enough the importance of hiring a credit card fraud lawyer as soon as you find out you are under investigation, even if no charges have been filed against you.