Credit card fraud in a broad sense is using a credit card or credit card information when an accused is not authorized to do so. It can be a type of identity theft where a perpetrator obtains personal information from an unsuspecting party to use their credit card. Credit card fraud can also cause the victim of the fraud not only a financial loss but a risk of destroying their credit score. Credit card fraud has become more common as most transactions are done online making it easier to conceal identity.
Theft, forgery, etc., of credit card
342 (1) Every person who
(a) steals a credit card,
(b) forges or falsifies a credit card,
(c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered
(i) by the commission in Canada of an offence, or
(ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or
(d) uses a credit card knowing that it has been revoked or cancelled,
is guilty of
(e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or
(f) an offence punishable on summary conviction.
Unauthorized use of credit card data
(3) Every person who, fraudulently and without colour of right, possesses, uses, traffics in or permits another person to use credit card data, including personal authentication information, whether or not the data is authentic, that would enable a person to use a credit card or to obtain the services that are provided by the issuer of a credit card to credit card holders is guilty of
(a) an indictable offence and is liable to imprisonment for a term not exceeding ten years; or
(b) an offence punishable on summary conviction.
Penalties for Credit Card Fraud
The definition of the crime and its maximum punishments are found in Section 342 of the Criminal Code. The Code states if the accused is found guilty of credit card fraud or theft they can be sentenced to up to 6 months in jail if the Crown Attorney proceeds summarily or 10 years in prison if the Crown Attorney proceeds by indictment. For a conviction of Credit Card Fraud, you could be looking at heavy fines, and upwards of 10 years in prison. This will also gain you a criminal record, limiting your ability to travel, find gainful employment, your freedom, and cause damage to your professional reputation.
Credit card fraud is theft. Like any other theft charge, an individual charged with credit card fraud can fight the charge through a variety of defense strategies. The right strategy depends on the facts of the individual’s case.
If you are being accused of credit card fraud, there are defenses you and your attorney can utilize when facing these charges. One such defense is lack of intent. You have to have intended to commit the fraudulent act. Therefore, if you didn’t know your card was expired or you lacked the knowledge that there wasn’t enough money in the account to cover the transactions being made, you can claim lack of intent because you didn’t mean to commit the fraud.
Some fraud charges arise because a person’s money, property, or identity were stolen. However, that does not mean the victim had face-to-face contact with the suspect. With the rise of e-commerce, banking, and social media, it is common for fraud to take place over the Internet. A hasty investigation may have mistakenly led the police to you. If you are charged with a crime that you had nothing to do with, your attorney will seek to prove you have an alibi for the crime.
When credit card data is stolen using a false identity, the individual whose identity is stolen and used is as much of a victim as the individual whose data is taken. In your defense, you could potentially show that you, too, were a victim and that you were not actually the individual who committed the act of theft.
If you’re facing allegations of debit or credit card fraud, the government is probably working diligently to gather evidence against you. That’s why it’s important to have a legal defense team in place early to address and challenge any evidence in your case before trial. Get started today and contact an experienced, local criminal defense attorney.
Up to 45% of a merchant’s budget is spent on commissions charge by a number of brokers, including banks.
These apps run on a custom built blockchain, an enormously powerful shared global infrastructure.
Samsa was a travelling salesman – and above it there hung a picture that he had recently cut out of an illustrated.
These apps run on a custom built blockchain, an enormously powerful shared global infrastructure that can move value.