Credit Card Fraud

In short, credit card fraud refers to the theft and fraud committed using or involving a payment card, such as a debit card or credit card, as a fraudulent source of funds during a payment transaction. The motive for such crime may be to obtain goods without paying for them or to obtain unauthorized funds from an account. Credit card fraud is, unfortunately, not as rare as you may think.  

Just recently, a Disney cruise ship rescued three people holding on to a capsized boat around 40 miles north of Cuba.  It would later be found that the three individuals were attempting to escape credit card fraud charges in the United States. Two of the three had outstanding warrants on federal charges stemming from New Orleans. A warrant was issued for the third suspect. The suspects were trying to flee to the Communist-led Island. As mentioned above, credit card fraud is among the most common forms of scams. Florida-based rings, in essence, clone stolen credit numbers, encode them onto newer credit cards and then the individual will travel the country, making unlawful purchases. They also purchase gift cards at retailers. The gift cards would then be sold, at a discount, for cash. From these acts, several major retailers have lost millions of dollars. The suspects’ credit card fraud scheme involved the use of 28 fraudulent cards.  

It is no fun being a victim of credit card fraud. It may certainly lead you to feel helpless. It is imperative that you retain an attorney for your case. The Miami credit card fraud lawyers at Gerson & Schwartz, PA can provide the help you deserve.  

Credit Card Fraud in Florida

Credit card fraud is a growing crime in Florida and nationwide. Credit card crimes include the purchasing or selling of forged or stolen credit cards, the unauthorized use of an expired credit card or another person’s credit card, and the altering or counterfeiting of certain credit cards. In Florida, “credit card” is defined as any ATM card, check card, banking card, credit card, or any card used for purposes of financial transactions.  

Per the State Credit Card Crime Act (“The Act”) credit card offenses are misdemeanors.  Nevertheless, Florida state law allows for the prosecution of credit card fraud outside of The Act.  This, in turn, may allow for more significant penalties.

Florida law maintains one may not engage in the unauthorized use of a credit card that is issued to another consumer. To be convicted of credit card fraud, the prosecution in the case must prove that the defendant intentionally used a stolen or forged credit card to obtain money or to pay for certain goods or services. Furthermore, the prosecutor must be able to prove that the defendant knew that the credit card was stolen, forged, or unlawfully obtained, and that the defendant represented himself as the true cardholder.    

Hire an Attorney for Your Case

If you or a loved one has been the victim of a crime, it is imperative that you retain an attorney for your case. The experienced Miami lawyers at Gerson & Schwartz, PA are here for you!  Contact our Miami, Florida crime victim attorneys for a FREE consultation. We are available at (877) 475-2905 and/or at You will not owe any attorney’s fees unless we collect money on your behalf. Se Habla Español too. If you speak another language we will find a way to translate so we can listen and advise.

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