Credit Card fraud charge in Michigan: What you need to know.

Credit Card fraud is the act of stealing or using another person’s credit card without proper authorization. It becomes identity theft because you are pretending to be someone else for a specific purpose, usually to extort money. These involve removing funds from the card and making purchases.

Authorization for the use of credit cards should come from the card’s respective bank or authorizing agency. If you have a credit or debit card not lawfully given to you by a company, bank, or credit provider, then you are committing credit card fraud and can be charged and arrested.

Michigan laws regarding credit card fraud.

In Michigan, credit and debit cards are referred to as financial transaction devices. There are several statutes that can apply to the misuse of a credit or debit card, depending on circumstances and the amount of money in question:

• MCL 750.157n applies to those who knowingly take someone’s a financial transaction device or knowingly has in their possession a financial transaction device owned by someone else without that person’s permission. A conviction for violating MCL 750.157n will result in a felony punishable by up to four years in prison.
• MCL 750.157p applies to those who possess a financial transaction device with the intent to use, deliver, circulate, or sell the financial transaction device, or to permit, cause, or procure the financial transaction device to be used, delivered, circulated, or sold, knowing the possession, control, receipt, use, delivery, circulation, or sale to be without the consent of the device holder. A conviction for violating MCL 750.157p will result in a felony punishable by up to four years in prison.
• MCL 750.157q applies to those who buy or sell illegally obtained financial transaction devices. A conviction for violating MCL 750.157q will result in a felony punishable by up to four years in prison.
• MCL 750.157r applies to those who forge, alter or counterfeit a financial transaction device. A conviction for violating MCL 750.157r will result in a felony punishable by up to four years in prison.
• MCL 750.157s applies to those who knowingly use a revoked or cancelled financial transaction device with intent to defraud the card issuer. The penalties range from a misdemeanor punishable by imprisonment for up to 93 days to a felony punishable by up to four years in prison. Other penalties may include a fine of up to three times the amount taken.
• MCL 750.127t applies to those who sell or deliver goods or services to if they knew the financial transaction device was being used illegally. A conviction for violating MCL 750.127t will result in a felony punishable by up to four years in prison.
• MCL 750.157u applies to someone such as a server or merchant who makes a fraudulent charge on a financial transaction device, whether by forging or aiding in the forging of a signature or causing the deviceholder to be charged for a purchase or other transaction that was not authorized by the deviceholder, or to be overcharged for a purchase or other transaction that was authorized by the deviceholder, or to otherwise incur a financial loss. A conviction for violating MCL 750.127t will result in a felony punishable by up to four years in prison.
• MCL 750.157v applies to someone committing identity theft to obtain a financial transaction device. A conviction for violating MCL 750.127v will result in a felony punishable by up to four years in prison.
• MCL 750.157w applies to someone using a financial transaction device to defraud a lending institution. The penalties range from a 93-day misdemeanor to a ten year felony, depending on how much money was taken.

Consequences of a Credit Card Fraud conviction.

As stated above, most credit card fraud crimes are felonies. All carry the possibility of jail or prison time. In addition to a felony conviction on your record you will be required to pay restitution in the amount lost. Further, often the fines will be far more than what was taken, usually three times the amount.

What to do if you have been charged with Credit Card Fraud.

If you are charged with Credit Card Fraud you should immediately retain competent counsel. Your attorney will review the evidence compiled by the police and determine the admissibility and sufficiency of the evidence being presented. Your attorney can then formulate and recommend a defense strategy.

As a member of Defense Coverage, you will have the opportunity to retain the services of our highly qualified attorneys for $10.00 to defend a misdemeanor or 20.00 to defend a felony Credit Card fraud charge.