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 with the help of a Miami credit card fraud lawyer. 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.

The team at The Kirlew Law Firm has extensive experience defending 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 tailored to your case.

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.

Common Types of Credit Card Fraud

Credit card fraud can take many different forms. Sometimes, fraud occurs from simple transactions. Other times, credit card fraud is an elaborate and detailed scheme. Each type is different and carries its own penalties. Knowing them can help you understand the charges against you and your options. Some of the common types of credit card fraud include:

• Identity theft. In these cases, the offender steals another person’s personal information and uses it to either open new credit card accounts or gain access to existing ones. Usually, this information is obtained through data breaches, scams, or mail theft. Once this information is obtained, the holder can then have access to their funds, make unauthorized purchases, or apply for additional credit.
• Skimming and card cloning. A typical method of credit card fraud consists of skimming techniques combined with the creation of cloned cards. Skimming represents a type of credit card fraud where criminals secretly attach miniature devices to authentic card readers found at ATMs, gas pumps, and point-of-sale terminals.
• Online credit card fraud. The prevalence of online and e-commerce fraud has grown because internet-based shopping has expanded. Online credit card fraud includes buying online goods without permission. This information can be obtained through online data breaches. Some credit card details can also be purchased on the dark web.
• Friendly fraud. A complex fraud method called chargeback fraud or “friendly fraud” occurs when a cardholder purchases something online but later disputes the charge with the credit card company by claiming the transaction was unauthorized or stating they didn’t receive the item.

When the bank approves the claim, the charge is canceled, and the merchant receives no payment for their goods or services. Fraudulent chargebacks create large amounts of losses each year for businesses, and they are receiving increasing examination from both financial institutions and law enforcement.

Defending Against Credit Card Charges

While credit card fraud defendants face harsh consequences, they may employ varied legal defenses based on their case specifics. A typical defense against credit card fraud allegations involves demonstrating the absence of malicious intent. The prosecution must demonstrate that the defendant acted with knowledge and deliberate intent to commit fraud.

There are valid grounds to contest charges if a person accidentally used another person’s card and believed they had authorization to do so. A conviction becomes challenging to obtain when there is no clear proof of intent.

Mistaken identity is another possible defense. Digital evidence, including IP addresses, transaction records, and surveillance footage, forms the foundation of most credit card fraud investigations. However, this evidence is not always conclusive. The person accused of credit card fraud might not have been the one who used the stolen card at the store or during an online purchase.

A prominent defense tactic includes disputing whether the evidence presented meets the necessary threshold. The authorities need to provide strong evidence that connects the defendant to the fraudulent acts. A skilled defense attorney can demonstrate the insufficiency of the evidence if the prosecution relies on circumstantial evidence or assumptions in their case.

Attorneys sometimes negotiate plea bargains or lesser charges for their clients in specific situations. When evidence against an accused person is substantial, the most advantageous strategy might involve negotiating with the prosecutor for a favorable resolution. The process may include transitioning felony charges into misdemeanor charges while also working to decrease possible prison sentences or finding alternative resolutions like probation or restitution.

Credit Card Fraud Penalties

The consequences of a credit card fraud conviction can extend beyond just jail time and monetary fines. The financial outcomes of this situation may destroy your credit score, which can hinder your ability to secure loans or mortgages and obtain credit cards.

Employment prospects may decrease because many employers perform background checks and avoid hiring people with convictions related to fraud, particularly for positions in finance or banking. A credit card fraud conviction can lead to the suspension or revocation of professional licenses in essential fields such as law, medicine, or accounting, which threatens career stability.

Individuals face adverse effects on housing applications and financial stability alongside diminished business opportunities after fraud convictions. Securing experienced legal representation becomes essential when facing such severe consequences to protect your future and reduce long-term damage. An experienced Miami credit card fraud attorney can assist you in evaluating your case, negotiating on your behalf, and representing you in court, if necessary.

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.

FAQs About Miami Credit Card Fraud Law

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If you are involved in credit card fraud in Miami, contact The Kirlew Law Firm today for client-centered representation.