Miami Credit Card Fraud Lawyer

Miami Credit Card Fraud Attorneys

Act immediately if you are under investigation or arrest for any credit card fraud-related charge. Credit card fraud is one of the many white-collar criminal offenses and among the most common. Depending on whether a person is charged in state or federal court, and the amount of the fraud, there are minimum mandatory sentences and hefty fines associated with these offenses.

If any representative from the credit card company, police officer, or agent contacts you about a potentially fraudulent transaction or a scheme to defraud, contact Brian Kirlew, Esq. He is one of Miami’s most experienced and competent white-collar criminal attorneys.

Our Miami credit card fraud defense team can help you avoid spending time behind bars or a lengthy probationary period. At the Kirlew Law Firm, we strategically defend clients in complex and sensitive white-collar crime matters, including credit card fraud. We offer a free phone consultation to help you plan a proactive and aggressive defense strategy that will protect your rights.

What is Credit Card Fraud in Florida?

Under Florida Law, credit card fraud occurs when a person uses, sells, or purchases stolen, forged, or unlawfully obtained credit cards or poses as the actual cardholder to make unauthorized purchases or take out cash advances against the account. Counterfeiting or altering credit cards and using expired or revoked credit cards are also considered credit card fraud.

Florida laws define “credit cards” to include ATM cards, check cards, credit cards, banking cards, debit cards, and any other card type that can be used for financial transactions.

Like most white-collar crimes, credit card fraud cases in Florida involve deception, concealment, and theft and do not rely on the threat of physical force or violence.

Credit Card Fraud Penalties and Consequences in Florida

Criminal penalties for offenses related to credit card fraud in Florida are governed by the State Credit Card Crime Act, as codified in F.S. § 817.57 – 817.685. Under this act, credit card fraud offenses are filed as either misdemeanors or felonies, depending on the value of the obtained funds or goods.

Note: Credit card fraud is uniquely pursued through “aggregate prosecution.” This means that a credit card’s multiple fraudulent uses are treated as a single crime rather than numerous discrete crimes within six months. This prosecution strategy can result in a person facing a first-degree felony, punishable by up to 30 years in prison.

It is a first-degree misdemeanor if the credit card was fraudulently used less than two times within a six-month time frame or the value of the goods, services, or money obtained is less than $100. A first-degree misdemeanor in Florida is punishable by up to one year in jail and one year of probation, and a $1,000 fine.

If, during a six-month time frame, the fraudulent credit card use occurred more than two times or the goods, services, or money obtained is valued at more than $100, this will be considered a Felony Fraudulent Use of a Credit Card. This is a third-degree felony in Florida and is punishable by up to five years in prison, five years of probation, and a $5,000 fine.

Individuals who are accused of using the personal information of 30 or more individuals in a scheme to obtain credit cards will face a first-degree felony count of Fraudulently Using the Identification or Information of another. This charge carries a 10-year minimum mandatory sentence.

Credit card fraud cases are prosecuted in federal court as well state court. The penalties for violating federal law can be more severe than those allowed under Florida state law. Under 18 U.S.C. § 1029, producing, using, or trafficking in unauthorized “access devices,” including credit cards and debit cards, is punishable by up to 15 years in prison and a $250,000 fine. Federal Court is also more likely to seek forfeiture of your assets than state court.

You Need to Act Quickly to Defend Your Rights. Contact Our Miami Credit Card Fraud Defense Attorneys Now!

Facing credit card fraud investigations or charges should not be taken lightly. Depending on the severity of the offense, a credit card’s fraudulent use can result in lengthy prison time and hefty fines. Not to mention that law enforcement agents and prosecutors begin to gather evidence when they suspect criminal activity. Usually, these investigations are ongoing for months and years before a person even knows that they are suspected of committing a crime.

It’s critical to contact our Miami white-collar criminal defense attorney when you suspect you are the target of a credit card fraud criminal investigation. Anything that seems suspicious, a car that might be following you, phone calls from unknown numbers, or DMs on social media for strange people can be law enforcement seeking to gather additional information.

At the Kirlew Law Firm, we have over a decade of legal experience handling all types of white-collar defense cases in Miami and greater South Florida. Our experienced, knowledgeable, and aggressive Miami credit card fraud defense attorney can effectively intervene in the investigation and quickly gather the information necessary to protect your rights and hopefully keep you out of prison. Brian Kirlew, Esq. has represented hundreds of people in Miami charged with credit card fraud offenses and has an impressive track record of getting charges dismissed, reduced, and resolutions that involve no jail or prison time.

When you retain our white-collar criminal defense services, you can count on the support and strength with experience. Our Miami criminal defense attorneys have a proven track record of getting results in and out of the courtroom.