New Jersey Credit Card Fraud Attorney
In New Jersey, credit card fraud encompasses any fraudulent act linked to credit cards as well as other “access devices,” a term that includes items such as debit cards and account numbers that enable access to funds or other valuables. The defense attorneys at Joseph Potashnik and Associates, PLLC represent individual and corporate clients in a broad range of New Jersey credit card fraud matters.
Federal law 18 U.S.C. §1029 criminalizes fraudulent manufacturing and using of credit cards. calls for penalties of up to fifteen years in prison for the first offense and up to twenty years following a prior credit card fraud conviction. Convicted defendants are also required to forfeit any funds connected to their crime.
New Jersey state law N.J.S.A. 2C:21-6 describes the following types of credit card theft:
- Obtaining a credit card without the lawful cardholder’s consent. In New Jersey, possession of cards in two or more names that are not yours or of two or more stolen cards is sufficient to constitute guilt of this offense.
- Keeping a credit card that either came to you accidentally or that you knew was lost, and intending to benefit from that card.
- Buying a credit card from someone who is not the lawful issuer or selling a credit card if you are not the lawful issuer.
- Obtaining control over a credit card as a security for debit with the intent to defraud.
- Making or embossing a fake credit card with the intent to defraud. Possession of two or more fake cards is sufficient to constitute guilt of this offense.
- Signing a card when you are not the lawful cardholder or an appointee of the lawful cardholder. Possession of two or more fraudulently signed cards is sufficient to constitute guilt of this offense.
In New Jersey, it is also criminal to knowingly do any of the following: make false statements on a credit card application, use a fraudulently obtained card, accept a stolen card for a transaction, or benefit from such a transaction. Under federal law, a credit card fraud crime that occurs outside of the Unites States may still be prosecuted in a U.S. court if the crime involves an access device issued or otherwise managed within American jurisdiction, or if the proceeds or any other article connected to the offense are brought within American jurisdiction.
Access device and credit card fraud in NJ have increased in recent years as more and more financial transactions are being conducted over the internet. This is a prevalent and serious crime that could lead to many years in prison. Our experienced New Jersey credit card fraud defense attorneys work with experts in the field to bring you the highest quality legal defense. Access device and credit card fraud defense efforts are most successful early on, so make sure to contact our office as soon as possible to set up a professional consultation.