Credit card fraud involves acts of fraud relating to using credit cards. Although a modern crime, it is one that is often very difficult to prove, which is why it is believed to be so popular. Prosecutors have to be able to prove that the intent was to receive benefits through the acts of fraud, and this has to be proven beyond reasonable doubt.
There are a number of ways in which these acts can be committed. The most common is using a credit card of which the defendant knows that it is not theirs. However, using an expired, cancelled or revoked card is also fraudulent, as is using the pretended number of a fictitious card. Benefits received by violating the law also come under credit car fraud. Often, the cases related to stealing credit cards with the intent to sell it, use it or transfer it to someone else. Buying a credit card that is known to not be the issue of the credit card is also fraud, as is selling one. Conning someone into using a credit card when they are unable to pay for it themselves also comes under these laws. Finally, being in possession of a credit card that is known not to be the defendants with the intent of using it without permission of the owner is also classed as credit card fraud.
Texas Penalties and Sentences
Credit card fraud is classed as a felony in the state of Texas. Hence, the penalties are a prison sentence of between 180 days and 2 years and/or a fine of up to $10,000. Additionally, retribution may be ordered for the amount that was defrauded.
Texas Credit Card Fraud Penalties
In certain circumstances, such as if the victim is an elderly person, the charge may be increased. In this case, the felony becomes a third degree felony. The penalty here is between two and ten years in prison and/or a fine of up to $10,000, as well as retribution.
Texas Credit Card Fraud Statute of Limitations
The statue of limitations in Texas for credit card fraud is seven years. However, there are circumstances during which the time is tolled or suspended, for instance if the accused is out of state, in prison or otherwise not able to stand charge. Hence, the actual time in which someone can be charged may be much longer. The statute of limitations describe how soon the state can press charges and commence trial against an accused.
Key Texas Credit Card Fraud Cases
- Fourth suspect in custody in credit card fraud – The Tyler Police Department has been told that suspect Nathan Paul Michael has been arrested by the U.S. Secret Services and the Dallas Police Department. He was the fourth to be arrested in a huge case relating to credit card fraud in the case. The other three suspects include Elizabeth Anne Pickrell, Corey Lee Davis and Christopher Scott Michael. The four committed access device fraud, obtaining services and goods through credit card numbers they had fraudulently obtained. The account numbers of their victims were obtained through the internet, without the victims being aware of this.
- Two nabbed at Texas border in credit card fraud case – Two men of Mexican citizenship were arrested at the border for using stolen account information. They purchased thousands of dollar’s worth of goods using these accounts. Interestingly, one of the retailers from whom they purchased the goods also has an issue of theft of credit card data, but these two cases are not related. Daniel Guardiola Dominguez and Mary Carmen Garcia will now face charges relating to fraudulently obtaining goods from various retailers. On their arrest, the two were in possession of 96 different credit cards.
- Cleveland man allegedly used 47 different stolen pre-paid cards to buy $5K worth of fuel – Cleveland man Carlos Miranda has been arrested on suspicion of using 47 different credit cards, each stolen, in order to purchase over $5,000 worth of diesel. He is also being charged with driving while license invalid charge. His bail has been set at $55,000.
- Fraud warning – A woman in Texas recently started to receive a succession of goods she had not ordered herself. It appears that someone has been able to gain access to her credit and debit card details and is placing the orders. Although this seems like a pointless crime, as the victim is not obtaining any goods, it demonstrates how easy it is to have details stolen and that people need to remain vigilant about their personal details.