What Are the Consequences If I Am Convicted of Credit Card Fraud?

 Posted on February 26, 2021 in Fraud

 In today’s world, most people use credit cards, debit cards, and other forms of electronic payment as their main way of paying for goods and services. This can be much more convenient than having to constantly keep cash on hand; however, it also opens up the possibility that your personal information could be used in fraud or theft.

In the United States, the crime of credit card fraud accounts for millions of dollars in losses every year. In the state of Wisconsin, credit card fraud is a crime that can take several forms, and a conviction can lead to fines, jail time, or even a felony record. If you have been accused of credit card fraud, a Brookfield, WI white collar crime defense attorney cacan explain your rights and help you decide what to do next. With over 50 years of combined experience, our legal team at Bucher, Wolff & Sonderhouse, LLP is more than ready to take on your case.

What Are the Different Types of Credit Card Fraud Offenses?

Wisconsin law lists several crimes involving credit cards and other payment cards. Credit card fraud is a term that is often used, but it actually encompasses a variety of actions that are illegal and carry serious consequences. Under Wisconsin Legislature Sec. 943.41, these can include:

• Making a false written statement to get a credit card
• Taking another person's card without permission
• Keeping a stolen card with plans to use, sell, or transfer it
• Buying a credit card from someone other than the company that issued it
• Selling a credit card when you are not allowed to issue cards
• Changing or making a fake credit card with the intent to commit fraud
• Using a card you know is forged, expired, or revoked with the intent to commit fraud
• Using another person's card without permission to get money, goods, or services
• Using your own card with the intent to commit fraud

If you have been arrested for charges of credit card fraud, you should exercise your rights to remain silent and request an attorney. Talking to a lawyer early can help you protect your rights when dealing with law enforcement.

What Are the Penalties for a Credit Card Fraud Conviction?

The penalties for credit card fraud depend on what happened and, in some cases, how much money or property was involved. A charge can range from a Class A misdemeanor to a Class G felony under Wisconsin law, depending on the nature of the crime.

A Class A misdemeanor can lead to up to nine months in jail and a fine of up to $10,000. Some credit card crimes are Class I felonies, which can lead to up to three years and six months in prison and a fine of up to $10,000. A Class H felony can result in up to six years in prison and a $10,000 fine. A Class G felony can lead to up to 10 years in prison and a fine of up to $25,000.

For some types of credit card fraud, the charge depends on the value of the money, goods, or services involved. Fraud involving $2,500 or less can be a Class A misdemeanor. Higher amounts can lead to felony charges. Wisconsin law can also add together certain transactions that happened within a six-month period when deciding the level of the charge.

Because the penalties vary, an attorney can review the exact charge and explain what consequences you could face.

What Is "Prima Facie" Evidence in Credit Card Fraud Cases?

"Prima facie" is a legal term for evidence that can be used to support a certain conclusion. It does not automatically mean that someone is guilty.

For example, Wisconsin law says that having credit cards issued in the names of two or more other people can be evidence of theft by taking a card. A jury can consider this fact, but it does not have to decide that a crime occurred based on this evidence alone. The prosecution must still prove the case beyond a reasonable doubt.

A skilled attorney can challenge this evidence and explain why someone had the cards. The attorney can also review how the cards were found and whether other evidence supports the prosecution's claims.

Are There Innocent Explanations for Credit Card Fraud?

There can be innocent explanations for situations that lead to credit card fraud charges. Common examples include:

• Holding a family member's card with permission
• Picking up a card that was left behind by mistake
• Using a shared account without knowing the rules were broken
• Believing that you were legally permitted to use the card, such as for work purposes

An experienced lawyer can gather proof to support these explanations, such as text messages, bank records, or witness statements. Showing an innocent reason for having a card can weaken the state's case.

Intent is important in many credit card fraud cases. Simply having a card that belongs to someone else is not automatically a crime. Depending on the case, if the prosecution can’t prove your intent to defraud or otherwise use a credit card unlawfully, the charges could end up dismissed in court. At Bucher, Wolff & Sonderhouse, LLP, we can carefully review the prosecution's evidence and look for weaknesses in the case against you.

Were Your Fourth Amendment Rights Violated in a Credit Card Fraud Case?

The Fourth Amendment protects people from unreasonable searches and seizures. Police must follow certain rules when searching your home, vehicle, belongings, or electronic devices.

If police found evidence during an illegal search, your attorney can ask the court to keep that evidence out of the case. This could include credit cards, receipts, financial records, or other evidence.

A defense attorney can review how the evidence was found and whether police had a warrant, consent, or another legal reason for the search. If your rights were violated, your attorney can determine how that could affect the case.

Contact Our Brookfield, WI White Collar Crime Defense Attorneys

Credit card fraud cases are extremely serious and can sometimes even involve federal authorities. At Bucher, Wolff & Sonderhouse, LLP, our attorneys have well over 50 years of combined experience handling criminal cases.

If you have been charged with credit card fraud, you should speak to our Waukesha County, WI credit card fraud defense lawyers about your case. To schedule a free consultation, call our office today at 262-232-6699.