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Credit Card Fraud Lawyers

Understanding Credit Card Fraud and Debit Card Fraud Charges

Credit Card Fraud Basics

It’s hard to manage without having at least one credit card on hand. Unfortunately, the widespread use of credit online and in traditional shopping venues has increased the potential for fraud to take place. Understanding what credit card fraud involves and what should be done if someone is accused of such an action is important.

With this type of fraud, the key thing to understand is that the claim revolves around the usage of a credit card account. Fraud takes place when that account information is utilized without the express permission of the cardholder. The way that the information is used may vary. Unscrupulous individuals may charge items to the card and create debt that must be resolved in some manner. Another approach may be to use the credit card account details to open additional accounts without the knowledge or the consent of the cardholder. The result can be a mountain of debt and a ruined credit rating.

Dealing with Unauthorized Credit Card Use

When the cardholder becomes aware of the unauthorized use of the account, the first move is to contact the card issuer. This begins an investigation into the date and time the disputed transactions took place. In many instances, the card issuer will deny payment on those charges, close the account, and open a new one for the account holder in a matter of minutes.

The cardholder also needs to file a report with local law enforcement authorities. The report will include the list of unauthorized purchases and provide the basis for opening an investigation. Thanks to the surveillance methods used in many retail locations today, it’s possible to pick up clues that lead to suspects and increase the odds of capturing the person who committed the crime.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

If new accounts were opened using the cardholder’s data, it can be a long and arduous process to track them down and order them closed. Credit reporting agencies can provide some help in terms of contact data to issuers of newly opened accounts.

Penalties for Credit Card Fraud

The unauthorized use of credit card information is considered a felony and is often classed as a form of identity theft. This leaves the person convicted of the crime facing time in jail and a series of fines. The decision of the court will be based on the past record of the convicted party, the volume of fraud that took place, and the damage done to the cardholder along the way.

In the state of New York, the fraudulent use of a credit card is covered under the provisions found in the New York penal law 170.10. The use of the card amounts to forgery in the second degree. Classified as a D felony, it is possible that a person convicted of this crime could be sentenced to as long as seven years in a state prison.

There are other provisions under current New York law that would relate to other forms of fraudulent use of a credit card. Some of them include fraud committed by the cardholder proper. For example, if the cardholder attempts to use the card as a form of identification or in any other way while knowing the issuer has revoked the card, this could be viewed as a criminal action.

Other laws cover the opening of additional accounts using stolen credit card information. Along with being responsible for any open balances on those new accounts, the perpetrator would also face prison time and a series of fines.

Dealing with Allegations of Credit Card Fraud

Should charges of fraud be made, it pays to seek help from a lawyer as quickly as possible. The goal is to review all the evidence surrounding the accusation and determine if there is any basis for taking legal action. Looking closely at what detail support the opportunity to gain possession of the physical card or at least the account details is key to preparing a defense.

Never take charges of this type lightly or assume that they cannot be proven. Hire legal counsel immediately, cooperate fully with the lawyer and the authorities, and do what needs to be done to bring the matter to an end before any more damage takes place.

We handle credit card fraud in all 5 boroughs, including: Queens, Brooklyn, Bronx, Staten Island, and Manhattan.

Debit Card Fraud

A debit card is a convenient tool for consumers to use when making purchases at the grocery store, at a restaurant or online. Like a credit card, it is a piece of plastic with a chip or magnetic strip used to authenticate an account. Therefore, just like a credit card, it is possible for individuals to scam card numbers or otherwise gain access to a debit card in a fraudulent manner.

Penalties for Debit Card Fraud

In the state of New York, using a stolen debit card to make a purchase or otherwise derive a benefit is a misdemeanor that can result in a fine up to $1,000 and up to a year in jail. If you are found to be in possession of a stolen credit or debit card, you could be charged with a felony and spend up to four years in jail. In addition, you face a fine of up to $5,000 or double the amount gained from the crime. For those who have committed a felony in the last 10 years, a prison sentence of up to three years may be included.

Federal Penalties May Apply in Addition to State Penalties

In the event that you use a stolen debit card to commit fraud across state lines, you could face federal charges. Federal charges may also come into play if you steal government property or use a government debit card to commit fraud. In many cases, an individual could face up to 20 years in prison in addition to a large fine on top of whatever state sentence is handed down.

Defenses to Debit Card Fraud

One of the keys to proving that fraud took place was the intent of the individual using the card. For instance, if you didn’t know that the card that you were using was stolen or cancelled, there is little chance that you could be prosecuted. Also, you generally have to steal more than $1,000 before you face any serious charges.

In the event that you have permission to use a debit card that belongs to someone else, you may be able to defend against a charge of fraud. For instance, if your roommate says that you stole money from him or her, you could argue that you had permission to use the card to make a specific purchase. From there, bank statements and other records may be used to prove your assertion.

Plea Bargains

A plea bargain results in a conviction on a specific set of charges that may or may not relate to the original charge itself. For instance, if you are charged with felony federal debit card fraud, it may be possible to reduce the charge to petty larceny. This depends partially on the strength of the case against you as well as your prior track record and other facts in the case.

Prosecutors and judges may be willing to work with those who are first-time offenders or who show remorse for their actions. Instead of jail or prison time, a plea bargain may allow an offender to spend time on probation or do community service in lieu of a fine. Downgrading a charge from a felony to a misdemeanor may also impact whether that person can vote, own a gun or find employment.

If you have been charged with credit card fraud or debit card fraud, it is important that you talk to an experienced attorney as soon as possible. An attorney may take steps to have your case dismissed or negotiate a plea bargain. This may make it easier to clear your name or otherwise come to terms on a sentence that is as favorable as possible.

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