Credit Card Theft / Fraud
- VA, DC, and MD Legal Code Links
- Expungement of Arrest Records
- Credit Card Theft / Fraud
- Misdemeanors and Felonies
- Drunk and Reckless Driving
Credit card fraud often, but not always, involves the bank directly. The most common kind of credit card fraud is the illegal counterfeiting of credit cards. Sometimes defendants use desktop computer systems to produce realistic-looking credit cards with holograms and functioning magnetic strips. Often, many defendants are brought to court for using lost or stolen credit cards.
Credit cards are often fraudulently obtained through the mail, either by illegally obtaining confidential information gleaned from other peoples’ mailboxes, or by recovering cards or credit card applications from the trash. In recent years, the Internet has increased the frequency of credit card fraud, as lists of stolen credit card numbers are posted or sold in newsgroups and are sometimes used to purchase goods online.
Credit Card Theft
(1) A person is guilty of credit card or credit card number theft when:
- (a) He takes, obtains, or withholds a credit card or credit card number from the person, possession, custody or control of another without the cardholder’s consent or who, with knowledge that it has been so taken, obtained or withheld, receives the credit card or credit card number with intent to use it or sell it, or to transfer it to a person other than the issuer or the cardholder; or
- (b) He receives a credit card or credit card number that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use, to sell or to transfer the credit card or credit card number to a person other than the issuer or the cardholder; or
- (c) He, not being the issuer, sells a credit card or credit card number or buys a credit card or credit card number from a person other than the issuer; or
- (d) He, not being the issuer, during any twelve-month period, receives credit cards or credit card numbers issued in the names of two or more persons which he has reason to know were taken or retained under circumstances which constitute a violation of § 18.2-194 and subdivision (1) (c) of this section.
(2) Credit card or credit card number theft is grand larceny and is punishable as provided in § 18.2-95.
What should you do?
Virginia Bankruptcy Attorneys at the Law Offices of Lewis & Associates, P.C. offer invaluable services in helping you clear your name. Several victims are unable to attract the attention of law enforcement or court personnel until an attorney steps in.
You may also want to consult an attorney to determine proper legal action to take against creditors and/or credit bureaus if they are not cooperative in removing fraudulent entries from your credit report, or if negligence is a factor.