A conspiracy is defined as an agreement between two or more persons to commit an illegal act, with at least one conspirator attempting to commit an overt act that would further the object of conspiracy. The use of the conspiracy charge is much more common in federal court, as a lesser participant in a fraud scheme can be held criminally liable if there is less direct evidence of his/her involvement. Continue reading “Conspiracy”
The U.S. Copyright Law (Title 17 U.S. Code) sets forth copyright infringement, which is reproducing or distributing material that has been copyrighted without permission or the legal authority of the owner of the copyrighted material. Illegal downloading or uploading of software, music or movies, or a significant part of a copyright without authority to do so establishes an infringement. Continue reading “Copyright Infringement Trademark Simulation”
“Prescription Fraud” as it is commonly known, is obtaining controlled substances (illegal drugs) in a fraudulent manner by the use of a doctor’s prescription. Prescription fraud cases can be prosecuted in state or federal court depending on the complexity of the underlying activities, yet most of these cases are prosecuted in state court as a charge of obtaining controlled substances by fraud or a similar charge. Continue reading “Prescription Fraud”
“Securities fraud” and other criminal offenses involving securities are prosecuted in federal court as felony offenses, and these offenses are based upon allegations of fraud, sales of securities without a license, and omitting pertinent material in the sale of securities, or insider trading.
Credit Card Fraud/Identity Theft
In Texas the statutes prohibiting credit card abuse and identity theft crimes have been enacted at all levels of government. Credit card Fraud/identity theft is common these days. The law establishes criminal penalties for deceptive, unlawful or unauthorized use of another person’s credit card account in an attempt to:
- Steal money
- Steal goods
- Steal services
The laws are also enforced by a number of agencies, ranging from local police to the U.S. Secret Service department. Credit card Fraud/identity theft charges can have serious consequences. This means; when charged, defending yourself and trying to secure a verdict or not guilty should be the ideal goal. Skilled criminal defense attorney, John. R. Teakell can make a tremendous difference in the outcome of your case.
Unlawful or unauthorized credit card fraud is committed under any of the following circumstances when –
● An individual unlawfully captures and uses someone else’s credit or debit card information
● An individual unlawfully uses someone else’s credit or debit card details to purchase goods and services.
● An individual unlawfully uses someone else’s personal information to open a credit card account. This is also
regarded as identity theft.
● An individual uses his own credit card knowing well that the card is invalid or revoked.
The law defines identity theft as “obtaining, possessing, or using the personal identification information, such as name, Social Security number and date of birth, of another person with the intent to commit fraud.” It also includes information belonging to a child under 18, deceased ones or stillborn babies. Identity thefts and credit card fraud occurs when identifying information is obtained and the stolen identity is used in obtaining a credit card unlawfully. The victim whose identity has been stolen thus will have the debts listed on his or her credit report.
Types of Credit Card Fraud/ identity theft Crimes
Typically the most common Credit Card Fraud Crimes can be characterized in two ways such as –
● “Card present” crimes
● “Card not present” crimes
As the name implies the “CARD PRESENT” crimes are those in which the victim’s credit or debit card has been stolen. The category in this case also includes the unlawful schemes such as –
● Applying for new credit cards in the victim’s name
● Changing the address on the victim’s account for getting
replacement of cards
On the other hand the “CARD NOT PRESENT” crimes do not require the thief to gain access to the victim’s physical card. The fraud is accomplished by recording the credit card number and other identifying information. In fact these schemes are the most difficult to detect, as the victim and the thief can be thousands of miles apart during the time when the credit card information is stolen.
Credit and debit card fraud charges are usually felony offenses that can be prosecuted in state and even federal court. It is thus important you speak with best criminal defense attorney as soon as possible If you or a loved one are facing felony chargesfor credit or debit card fraud.
Penalties for Credit card Fraud
Finding of guilt for Credit card fraud and identity theft could result in high fines, long prison sentence, court costs, supervised probation and also a permanent black mark on your record. Keep in mind; state and federal authorities usually make the decision on whether you should be prosecuted on the state level or the federal level Credit card fraud/identity theft is usually a felony offense. For the uninitiated; felonies are more serious crimes and penalties
may result in more than a year of jail time. Felony credit card fraud is punishable by a $25,000 fine and 15 years in prison. Whether or not the credit card fraud will be considered a felony however depends on a number of factors. The state statute might make credit card fraud a misdemeanor if
● No property is obtained with the stolen card
● The property obtained does not exceed the amount of $500
It carries a penalty of a fine of $1,000 and a sentence of up to one year in the county jail. As the value of the property obtained through the unlawful usage of the credit card increases, so does the penalty.
First Offenses vs. Repeat Offenders
Like any other criminal offenses, prior convictions can make your legal situation worse. In case of Repeat Credit Card Fraud/ identity offenders the maximum sentence could go up to 20-years.As one of the leading defense lawyer for Credit Card Fraud/ identity theft John R. Teakell has successfully represented defendants on the state and federal level. As a former prosecutor, Teakell knows first-hand the most promising methods of compelling the government to prove its case against the accused, or drop the charges.
How John Teakell the best criminal defense attorney can help. It makes sense to mention here, facing prosecution for any kind of hite collar crime is a terrifying experience; however credit card fraud charges take even greater toll on the defendant. Needless to say; credit card fraud carries a certain stigma hence the local prosecutors are thus inclined in “making an example” of the defendant in order to ensure that these frauds are not treated leniently. Do not take a chance with your future. Do not just trust any lawyer to defend you when you are accused of credit card
Only a skilled credit card fraud attorney can be a powerful ally in proving your innocence or ensuring that a fair sentence is handed down. The Law Offices of John R. Teakell in Dallas, Texas, provides customized, attentive legal services to people accused of white collar crimes. The fact of the matter is; for those who plan to plead guilty, it is
his job to reason with the judge. On the other hand; for defendants who are going to trial, Teakell reviews
● State’s evidence for discrepancies
● Conducts independent investigation
● Develops winning trial strategy
● Present the case to the jury in convincing fashion.
Teakell sifts through facts with a fine-tooth comb in pursuit of mitigating circumstances or evidence most likely to bring about the greatest degree of “damage control” possible.
If you are being investigated for Identity Theft of Credit Card Fraud, schedule a consultation with John. R. Teakell for help.