Monmouth County has a significant number of credit card offenses every year. The largest segment involves some form of credit card fraud although many N.J.S.A. 2C:21-6 theft offenses are also filed. Municipalities like the Borough of Eatontown, Tinton Falls, Ocean Township, Holmdel and Freehold are major stakeholders in these statistics as the home major malls and department stores like Nordstrom, Lord & Taylor, Macy’s, Target, Sears and JCPenny.
If you were arrested or charged with credit card fraud in one of these towns or any other municipality in the county, including Manalapan, Wall and Long Branch, a lawyer at The Law Offices of Jonathan F. Marshall is ready to help you. Our staff, which is the largest criminal defense team in the region, includes several former prosecutors in the area and experienced attorneys with over 100 years in practice combined. We are prepared to put our knowledge and skills handling case in the area and at the Monmouth County Superior Court so that life changing consequences are averted. In many cases, in fact, a record is avoided altogether if our attorneys are able to secure a downgrade or admittance into a diversionary program such as Pre-Trial Intervention. To speak to an attorney immediately in a free consultation, call our Freehold or Red Bank Office at 732-462-1197/732-450-8300.
Under N.J.S.A. 2C:21-6, there are several ways an individual can commit credit card fraud or theft. The first way is to make false or fraudulent statements in order to obtain a a credit card. A second form of this violation is committed when a merchant fraudulently inflates or fabricates charges, or falsely represents that goods or services were provided. Another category of offense arises where a cardholder charges a Visa, Mastercard, Macy’s, American Express or other card knowing that it is invalid (e.g. expired, forged, revoked). A fourth basis for arrest under this statute is to be in possession of counterfeit credit cards, instruments to produce such items or something of value (e.g. money, goods, etc.) that was acquired as a result of credit card fraud. The fifth and final form of this offense results where someone furnishes, possesses or uses a fictitious credit card (e.g. counterfeit, altered, forged, lost, stolen, etc.).
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The offense of credit card theft is also contained in N.J.S.A. 2C:21-6. In this regard, there are six (6) ways an individual may commit credit card theft under subsection (c), including:
An arrest under N.J.S.A. 2C:21-6 can result in being charged with either a fourth degree crime or third degree crime. These are both indictable offenses in New Jersey, in other words, charges that result in a felony record and exposure to a state prison sentence. Third degree credit card fraud carries up to 5 years of incarceration and fine that can reach $15, 000. Fourth degree credit card fraud results in a maximum jail term of 18 months and possible fines of $10, 000. The most serious grade of credit card fraud is a second degree crime. You are exposed to a fine of up to $150, 000 and 5-10 years in prison.
Credit card fraud is an offense that is fairly common and on the rise given advances in technology and online purchasing. Every attorney at our Monmouth County firm knows this well given our presence in this market for several decades. Whether you were arrested in Keansburg, Hazlet, Howell, Middletown or another locale, our staff is prepared to fight on your behalf. An attorney is available to discuss your matter 24/7 at 732-462-1197 or 732-450-8300. Initial consultations are always without charge.As credit card transactions have become the norm throughout the United States and in most industrialized countries, credit card fraud has also become much more prevalent, with credit card issuers, users and merchants collectively losing billions each year. Unlike stealing cash, stealing access to other people’s cards may feel like an impersonal, faceless crime as it does not usually involve violence or even a face to face encounter with the target. Nevertheless, the federal government punishes credit card offenses severely. Therefore, what may seem like an easy, nearly harmless ploy to get money can land a person in prison for years. Those who are under investigation in or near Broward County should immediately seek the assistance of a Fort Lauderdale credit card fraud attorney like David Joffe.
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Application fraud takes place when a person provides false information when applying for credit. This is often the second step in many identity theft schemes in which defendants have stolen sensitive data like social security numbers and dates of birth in the interest of using the information to make fraudulent purchases. Similarly, in cases of assumed identity fraud, a person may use a temporary address and false name to apply for a credit card. However, identity theft is not a necessity for a person’s actions to constitute credit application fraud. Some people may use a friend or relative’s information to secure a credit card; this is also considered fraud unless the friend or relative is willing cosigner and they are properly named as such on the application. These complexities make it imperative that you retain a Fort Lauderdale credit card fraud lawyer immediately after being charged, or even if you believe you might be the target of a federal criminal investigation.
In many credit card fraud cases, an individual makes unauthorized purchases by using information from another person’s card. Card not present (CNP) fraud occurs when Person A gains access to Person B’s credit card number and expiration date and uses the information to make purchases online, through the mail, or over the phone. In response to an increased awareness of CNP fraud, merchants began requiring the card’s verification code, which has served as a slight deterrent. CNP fraud is sometimes committed when there is a relatively close relation to the cardholder and the unauthorized user did not think using the information would constitute a major federal crime that requires the services of a federal defense attorney. Using any aspect of someone else’s credit card without permission is a crime in Fort Lauderdale and throughout Florida. Therefore, it is always better to obtain permission or to simply ask the cardholder to make the purchase in the interest of avoiding potentially costly confusion.
Skimming refers to the process of extracting card data from the card’s magnetic strip by digitally or manually creating an imprint. Card data is extracted when either the cardholder or another person swipes the card through a small device known as a skimmer. Skimmers are sometimes illegally fitted onto standard ATMs; therefore, a person might completely unknowingly swipe his or her card through a skimmer and become a victim of credit card fraud. In other cases, related fraud rings might include people who work as restaurant servers, cashiers, or other professions that allow regular, trusted access to customers’ cards. The information is then used to create an entirely new counterfeit card with the same information.
Defense To Credit Card Fraud
Individuals who are accused of credit card fraud may be charged in federal or state court. A person who steals his or her family member’s card information and makes a relatively small purchase like clothing or a smartphone would likely face charges in state court. Organized groups of people who execute fraud amounting to $150, 000 or more are much more likely to be investigated by the FBI or Federal Trade Commission and be charged in federal court. If convicted of credit card fraud under federal law, an individual may be sentenced to up to 20 years in prison in very extreme cases. To lessen the chances for imprisonment or large fines, anyone who believes he or she may be under investigation should contact an experienced credit card fraud defense attorney in Fort Lauderdale or Broward County immediately after being charged.
People are often unaware of how critical the investigation stage of the criminal justice process can be. During this time, police are working to gather information to help them zero in on a suspect and eventually bring charges against someone. Fort Lauderdale law enforcement agencies often request voluntary interviews with people who later find themselves facing formal federal fraud charges. Therefore, what a person says during a seemingly harmless interview can later cause trouble if he or she is eventually charged of a crime.
Having credit card fraud defense lawyers present when speaking to investigators can help the individual aid the natural compulsion to “over share” in the interests of appearing cooperative to law enforcement. In some cases, a person may be charged with fraud in situations in which the person legitimately believed he or she had permission to use the card. In other situations, an individual may have participated in an identity theft ring or credit card fraud operation as a result of having been coerced by others who were also involved. A Fort Lauderdale credit card fraud attorney at Joffe Law, P.A. will provide a free case evaluation and determine the best defense for these serious federal charges.Did you know by simply signing a credit card for someone, you could be charged for
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Individuals who are accused of credit card fraud may be charged in federal or state court. A person who steals his or her family member’s card information and makes a relatively small purchase like clothing or a smartphone would likely face charges in state court. Organized groups of people who execute fraud amounting to $150, 000 or more are much more likely to be investigated by the FBI or Federal Trade Commission and be charged in federal court. If convicted of credit card fraud under federal law, an individual may be sentenced to up to 20 years in prison in very extreme cases. To lessen the chances for imprisonment or large fines, anyone who believes he or she may be under investigation should contact an experienced credit card fraud defense attorney in Fort Lauderdale or Broward County immediately after being charged.
People are often unaware of how critical the investigation stage of the criminal justice process can be. During this time, police are working to gather information to help them zero in on a suspect and eventually bring charges against someone. Fort Lauderdale law enforcement agencies often request voluntary interviews with people who later find themselves facing formal federal fraud charges. Therefore, what a person says during a seemingly harmless interview can later cause trouble if he or she is eventually charged of a crime.
Having credit card fraud defense lawyers present when speaking to investigators can help the individual aid the natural compulsion to “over share” in the interests of appearing cooperative to law enforcement. In some cases, a person may be charged with fraud in situations in which the person legitimately believed he or she had permission to use the card. In other situations, an individual may have participated in an identity theft ring or credit card fraud operation as a result of having been coerced by others who were also involved. A Fort Lauderdale credit card fraud attorney at Joffe Law, P.A. will provide a free case evaluation and determine the best defense for these serious federal charges.Did you know by simply signing a credit card for someone, you could be charged for
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