Miami Credit Card Fraud Lawyer

What Constitutes Credit Card Fraud in Miami?

There are a few common schemes that typically fall under the umbrella of credit card fraud in Miami:

• Identity theft – This involves stealing someone’s personal information and using it to open new credit card accounts in their name. The identity thief may open the accounts online, over the phone, or in person using fake IDs. They then use the cards to make purchases or take out cash advances.
• Account takeover – This is when a criminal gets access to an existing credit card account by stealing account numbers and other information. They may use skimming devices at ATMs or gas stations to collect card data. Once they have the details, they can make purchases or withdrawals from the compromised accounts.
• Fake cards – Criminals manufacture counterfeit credit cards using stolen card numbers and identities. They encode the data on blank cards to create working but fraudulent cards. These can be used to buy goods in person that are then resold for cash.
• Card not present fraud – This fraud occurs online, over the phone, or by mail order. Criminals use stolen card numbers to make purchases without physically presenting the card. This is easier to pull off but card not present transactions are more closely scrutinized.
• Bust out scheme – This involves opening multiple credit cards with no intention of paying the bills. The fraudster will max out each card with purchases and cash advances before abandoning the accounts. This leaves the credit card companies holding the bag.

Credit Card Fraud Charges in Florida

• Fraudulent use of a credit card – It is illegal in Florida to use a credit card you do not have permission to use, regardless of whether the card belongs to you or someone else. This includes using stolen cards, fake cards, or another person’s card without authorization.
• Credit card forgery – Forging a credit card with intent to defraud is a felony offense under Florida statute 817.481. This includes altering legitimate cards to change the account information.
• Identity theft – Stealing someone’s personal information to obtain credit cards or make purchases in their name is identity theft under Florida statute 817.568. This is a serious felony charge.
• Organized fraud – Under Florida statute 817.034, working with others to engage in sophisticated or ongoing fraud can lead to an organized fraud charge. This is a first degree felony.
• Credit card fraud over $100,000 – Running up extremely large fraudulent charges over $100,000 can potentially be charged as a first degree felony under Florida statute 817.62.
• Money laundering – Laundering money derived from credit card fraud by passing it through legitimate businesses is illegal under Florida statute 896.101.

Defending Against Credit Card Fraud in Miami

Fighting credit card fraud charges requires proving either that no crime occurred or that the defendant did not commit the alleged acts. A skilled Miami credit card fraud lawyer will thoroughly investigate the claims and identify any weaknesses in the prosecution’s case.

Here are some potential defenses to explore:

• Mistaken identity – If identity theft is alleged, it may be possible to show that the defendant was mistakenly identified and did not actually use the credit cards. Disputing identification evidence can raise reasonable doubt.
• Unauthorized use – It may be the case that a defendant lawfully had access to the credit card in question and did not exceed or misuse the authorized access. This would rebut charges of unlawful use.
• Lack of criminal intent – Proving that the defendant did not knowingly or intentionally commit fraud could show a lack of criminal intent. This might apply in billing disputes or cases of financial mismanagement.
• Duress – If the defendant can demonstrate they were forced or coerced into the fraudulent activity through threats, that can potentially provide a defense. However, duress can be difficult to establish.
• Intoxication – Evidence that the defendant was voluntarily intoxicated to the point of lacking criminal intent could potentially support a defense. But the intoxication must be proven to be severe.
• Consent – In identity theft cases, the defense may argue the victim consented to the credit card use, undermining the unauthorized access element of the crime.