| 6 PM on a Thursday night. My friend's brother is about | | | | it) a piece of plastic that looks like a real credit card |
| to go out when the doorbell rings. Two unhappily | | | | and uses real account information that you stole. (Yes, |
| looking men and a warrant for arrest are outside. | | | | from your uncle, of course, who doesn't have a clue |
| Oops. 5 AM on a Friday morning. Guess what - no | | | | about this.) |
| more sweet dreams because all of a sudden I should | | | | The list goes on. Those criminals who are really into |
| "locate and deliver" the lost brother who is slowly | | | | this can and do engage in more complicated schemes |
| drifting his way through the New York City Criminal | | | | that require some know how, usually Internet-related. |
| Justice digestive system. It should take about 24 hours | | | | So, what lies ahead of the credit card fraud defendant |
| from arrest to arraignment in New York and it could | | | | after the dust settles? This really depends on the |
| be difficult for relatives to find you during this time. So, | | | | severity of charges, the amount of loss, prior criminal |
| locate? Maybe. Deliver? Not so fast. After displaying | | | | history, a bunch of other things, and yes, on court's |
| some creative telephoning skills, I discover that our little | | | | jurisdiction. The court of choice of a criminal defendant |
| problem is credit charges of credit card fraud, identity | | | | is the state court. Earn federal charges and colors of |
| theft, and grand larceny. The poor fellow has helped | | | | life will appear much bleaker to you. |
| himself to about $15,000. Bad for him, but really, he's | | | | The great state of New York will probably throw at |
| lucky to be investigated by the local cops, not by the | | | | you charges of grand larceny, unauthorized credit card |
| feds. | | | | use, and identity theft. Other gifts may include charges |
| This scenario repeats itself now and then. Well, not | | | | of theft of services and possession of stolen property. |
| with my friend's brother, of course. In 1980, Visa and | | | | New Jersey will probably present you with charges of |
| Master Card lost $110 million to credit card fraud. In | | | | theft, false statements, intent to defraud, fraudulent |
| 1995, that number swell to about $1.63 billion, according | | | | use, and other charges. |
| to some reports. A 2005 FBI report showed that credit | | | | If you steal faster than your guarding angel can fly, |
| card fraud was the majority of the total $315 billion U.S. | | | | there is a good chance you will steal your way into the |
| financial fraud loss. Well, you got the point. Throw in the | | | | federal prosecutors' net. Then, by the time your case |
| fraud opportunities presented by the Internet, and you | | | | is finished, you will have the intimate knowledge of the |
| can see that one of the economic effects of credit | | | | Identity Theft and Assumption Deterrence Act and |
| card fraud is that criminal defense attorneys will never | | | | other federal fraud charges contained in Title 18 of the |
| be out of work. | | | | U.S.C., including identification fraud (18 U.S.C. §1028), |
| Credit card fraud has many forms. The front-runner is | | | | credit card fraud (18 U.S.C. §1029), computer fraud |
| the police ever-popular unauthorized use fraud. This is | | | | (18 U.S.C. §1030), mail fraud (18 U.S.C. §1341), |
| self-explanatory. | | | | wire fraud (18 U.S.C. §1343), and financial institution |
| Next in line is application fraud, which means that you | | | | fraud (18 U.S.C. §1344). Not enough? Well get this: |
| have lied - well, let's use a friendlier term "misspoke"- | | | | each of these federal felony charges includes |
| on your credit card application, usually by using fake | | | | absolutely draconian penalties. |
| name, address, etc. | | | | As a criminal defense lawyer as well as a consumer, I |
| Intercept fraud means that you apply for a credit card | | | | recommend that you stay clear of credit card fraud, if |
| in your dear uncle's name and steal the card from the | | | | you can, of course. If you cannot and now your local |
| uncle's mailbox or post office before it arrives to him. | | | | friendly law enforcement people have questions for |
| Sometimes, you may see counterfeit credit cards, | | | | you, my second recommendation is to call a criminal |
| which means that you make (if you know how to do | | | | defense lawyer right away. |