Credit Card Fraud
One of the fastest types of fraud being prosecuted in Nevada is credit card or debit card fraud. Different types of credit card crimes can include:
- the use of a stolen credit or debit card without the cardholder’s permission or consent;
- the use of a credit card or debit card that is expired or revoked;
- the production and use of counterfeit credit cards with codes skimmed from credit card readers; and
- the use of false information on a credit card application.
Defenses to fraudulent actions involving a credit card include a showing that the person accused had no intent to defraud another. In many of these cases, the person accused of fraud is simply acting in the normal course of their employment without realizing that the credit card is stolen or being used in a fraudulent manner.
Other defenses revolve around police misconduct and an illegal searches. When evidence is obtained through an illegal search and seizure, the criminal defense attorney can move to exclude that evidence from the case, particularly when the evidence is taken from an individuals home or place of employment in an unreasonable manner.
The penalties and punishments for any type of credit card fraud in Nevada are serious. In most cases, the crime is classified as a category D felony which carries with it the possibility of incarceration for one to four years and a $5,000 fine. The court is also permitted to impose full restitution as part of the sentence which must often be paid back as a term of probation. A few types of credit card offenses can be charged as a misdemeanor.
Las Vegas Credit Card Fraud Lawyer
If you are charged with credit card fraud / forgery or any other form of identity theft then contact an experienced criminal defense attorney at Pariente Law Firm, P.C.. Never speak with law enforcement officers from the Las Vegas Metropolitan Police Department, the Clark County Sheriff’s Office, U.S. Secret Service, FBI, or U.S. Immigration and Customs Enforcement Homeland Security Investigations, with out first discussing your case with an attorney.
Michael Periente is experienced in representing men and women accused of credit card crimes throughout the greater Las Vegas area including all of Clark County, Nevada and the surrounding areas, including Henderson and Paradise. Call (702) 966-5310 today to set up a consultation.
Info on Credit and Debit Card Fraud Charges in Nevada
- Definitions in Debit Card / Credit Card Fraud Cases
- False Statement to Procure Issuance of a Credit Card or Debit Card
- Obtaining or Possessing a Stolen Credit Card
- Additional Crimes Involving Fraud and Credit Cards
- Additional Resource on Credit Card Forgery and Fraud in Las Vegas, Nevada
The Nevada Revises Statutes in Section 205.610 define certain terms related to credit card fraud.
- “Credit card” is defined under NRS 205.630 to mean “any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value on credit.”
- “Debit card” is defined under NRS 205.635 to mean “any instrument or device, whether known as a debit card or by any other name, that is issued with or without a fee by an issuer for the use of the cardholder in obtaining money, property, goods, services or anything else of value, subject to the issuer removing money from the checking account or savings account of the cardholder.”
- “Receives” and “receiving” is defined under NRS 205.660 to mean “acquiring possession or control or accepting as security for a loan.”
- “Cardholder” is defined under NRS 205.620 to mean “the person or organization named on the face of a credit card or debit card to whom or for whose benefit the credit card or debit card is issued by an issuer.” As used in NRS 205.610 to 205.810, inclusive, unless the context otherwise requires, the words and terms defined in NRS 205.620 to 205.670, inclusive, have the meanings ascribed to them in those sections.
Under NRS 205.680 a person makes a false statement to procure the issuance of a credit card or debit card commits a gross misdemeanor. The elements of the offense include:
- making or causing a statement to be made;
- for the purpose of procuring the issuance of a credit card or debit card;
- the statement is made either directly or indirectly;
- the false statement is in writing;
- the defendant knows the statement to be false;
- the act is committed with intent that it be relied on respecting his or her identity or financial condition or the identity or financial condition of any other person, firm or corporation.
The Nevada Revised Code Section 205.690 prohibits a person from obtaining or possessing a credit card or debit card, or identifying description of credit card, credit account or debit card without consent of cardholder. The statute also contains certain presumption relating to a finding of possession and exemptions to those presumptions. The statutory scheme includes both credit cards and debit cards.
Under NRS 205.690(1) it is a category D felony to steal a credit card from a person without the person’s consent, with knowledge that it is stolen, with the intention to circulate, use or sell the card to another person.
Under NRS 205.690(2) is is a category D felony to possess a credit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card.
Presumptions in Credit Card Fraud Cases
NRS 205.690(3) provides a presumption that a person “who has in his or her possession or under his or her control two or more credit cards or debit cards issued in the name of another person is presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud.”
This presumption for credit card fraud cases does not apply to a person who possessed the cards in the regular course of employment or business or when the person possessed the cards with the consent of the cardholder.
Exemptions to the Credit Card Fraud Statute
NRS 205.690(3) provides that this prohibition against card card fraud does not apply to a person employed by or operating a business. By its terms this exemption includes the following types of employment:
- a bank or other financial institution;
- credit bureau;
- collection agency; or
- credit reporting agency.
The statute against fraud when possessing credit cards does not apply to those who act without the intent to defraud including any person who obtains the credit card number or account information in the ordinary course of that business or pursuant to a financial transaction entered into with a customer.
Sale or Purchase of a Stolen Credit Card – NRS 205.710 prohibits the sale or purchase of a stolen credit card or debit card. The crime is classified as a category D felony and shall be punished as provided in NRS 193.130.
Sale of identifying information on telephone calling card – NRS 205.715 prohibits a person from selling or offering to sell or make available a stolen telephone cooling card or the number, code, or account number of the card to obtain telephone services. The crime is classified as a category D felony.
Forgery of credit card or debit card – NRS 205.740 prohibits a person who falsely makes or falsely embosses or utters the purported credit or debit card. The crime is classified as a category D felony.
Unauthorized signing of credit card – NRS 205.750 prohibits a person who is not the cardholder or authorized by the cardholder to sign a credit card with intent to defraud. The crime is classified as a category D felony.
Fraudulent use of credit card or debit card – NRS 205.760 prohibits a person who, with the intent to defraud either uses a credit card or uses the number of a credit account to obtain money or anything else of value. The crimes classification depends on the value obtained in any 6-month period. The crime is classified as follows:
- a misdemeanor if the value is less than $100; or
- a category D felony if the value is one hundred dollars or more.
Fight Credit Card Fraud – Read information on fighting credit card fraud in the State of Nevada from the Department of Business and Industry including and list of do’s and don’ts to guard against fraud. The article also includes links to brochures on fighting fraud and advise on what to do if you think you have been the victim of fraud or a scam. Learn more about why hackers might be ahead of credit card security.
Fraud Detail of the Las Vegas Metropolitan Police Department – Learn more about frequently asked questions in criminal investigations for credit card fraud and identity theft in the greater Las Vegas area. Information on what happens when a husband or wife who are separated or divorced fraudulently use the credit card of the spouse.
Finding a Credit Card Forgery or Fraud Lawyer in Nevada
If you are charged with any form of identity theft in the State of Nevada, contact an experienced criminal defense attorney at Pariente Law Firm, P.C.. These serious felony and misdemeanor offenses require an aggressive defense at every stage of the case. For cases prosecuted in federal and state court, contact attorney Michael Pariente at (702) 966-5310 to discuss your best defense.