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NYC Credit Card Fraud Lawyer

New York Credit Card Fraud Lawyer

In New York, various statutes penalize crimes related to credit card fraud. This includes federal as well as state charges, both of which are explained in this summary.

New York State Law – Credit Card Fraud Attorney

Theft of Services (NY Penal Law § 165.15)

This charge covers a wide range of service-related theft, including:

  1. Using a stolen credit or debit card to obtain services.
  2. Avoiding payment for restaurant services, hotel stays, telecommunication (phone) devices, utilities or transportation services through deception, stealth, or refusal to pay.
  3. Obtaining public transportation without payment by force, intimidation, stealth, or deception.

Theft of Services is generally classified as a Class A misdemeanor, punishable by up to one year in jail13.

Unlawful Use of Credit Card, Debit Card or Public Benefit Card (NY Penal Law § 165.17)

This offense is specifically tailored to credit card fraud:

  • It’s a Class A misdemeanor.
  • If you present a CREDIT CARD for payment and you KNOW it has been revoked or cancelled, this is illegal under this statute.

Criminal Possession of Stolen Property

If you obtain and/or keep stolen credit cards, this may give rise to a charge of possession of stolen property. This charge has multiple degrees based on the value of the stolen property:

  1. Fifth Degree (NY Penal Law § 165.40): Class A misdemeanor.
  2. Fourth Degree (NY Penal Law § 165.45): Class E felony.
  3. Third Degree (NY Penal Law § 165.50): Class D felony.
  4. Second Degree (NY Penal Law § 165.52): Class C felony.
  5. First Degree (NY Penal Law § 165.54): Class B felony.

Additional Related Charges

  1. Petit Larceny (NY Penal Law § 155.25): Applies to theft of property valued at $1,000 or less. It’s a Class A misdemeanor.
  2. Fraudulently Obtaining a Signature (NY Penal Law § 165.20): Class A misdemeanor.
  3. Jostling (NY Penal Law § 165.25): Class A misdemeanor, often associated with pickpocketing.
  4. Fraudulent Accosting (NY Penal Law § 165.30): Class A misdemeanor.

Federal Credit Card Fraud Lawyer

The federal charges that address credit card fraud are plentiful.

Credit card fraud can be charged as a federal crime under 18 U.S.C. § 1029. This law is also known as access device fraud because it applies to credit cards, debit cards, and gift cards. 

Some examples of acts that are considered federal credit card fraud include:

  • Using, producing, or trafficking counterfeit access devices
  • Possessing 15 or more counterfeit devices
  • Using hardware or software to modify credit card instruments
  • Soliciting someone to sell or offer a fraudulent access device 

Penalties under this statute for federal credit card fraud can include:

  • Up to 10 years in federal prison
  • Fines of up to $250,000 or twice the amount of the defendant’s gain
  • Mandatory restitution payments to victims 

Convictions for federal credit card fraud are likely permanent, with the only way to remove them being a presidential pardon. 

Another statute under which credit card fraud is prosecuted is 15 U.S.C. § 1644 – Fraudulent Use of Credit Cards

This statute prohibits:

  • Using counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards to obtain money, goods, or services valued at $1,000 or more within a one-year period
  • Transporting such cards in interstate or foreign commerce
  • Using interstate commerce to sell or transport such cards
  • Receiving money, goods, or services obtained through such fraud

Penalties for federal credit card fraud can include fines up to $10,000 and imprisonment for up to 10 years.

It’s important to note that these charges can often be combined in cases of credit card fraud, depending on the specific actions of the accused. The severity of the crime and resulting penalties often depend on the amount stolen and the methods used

If charged with credit card fraud in New York, it’s crucial to seek legal representation immediately. A skilled NYC white collar attorney can provide essential guidance and defense strategies. While a ny personal injury lawyer or commercial litigation attorney in manhattan may have expertise in other areas, a criminal defense attorney specializing in white collar crimes is best suited for credit card fraud cases. An experienced ny lawyer familiar with state and federal laws regarding financial crimes can navigate the complex legal system, potentially reducing charges or penalties. Don’t hesitate to consult a qualified attorney to protect your rights and future