Credit Card Theft Attorneys in Hudson County NJ
In Hudson County, New Jersey, there are a variety of complex crimes the State may charge an individual with involving New Jersey Credit Card Fraud. These charges include:
- Making False Statements to Procure Issuance of a Credit Card;
- Use of a Credit Card Knowing it has been Revoked, Forged or Expired;
- Fraud Committed by the Provider of Money, Goods or Services;
- Receipt of Anything of Value as a Result of Credit Card Fraud; and
- Fraudulent Use of a Credit Card.
Each of these respective offenses is discussed individually (see below), to break down the elements and penalties associated with each. Depending on the circumstances, the offense will either be a crime of the third or fourth degree. If convicted, an individual could face up to five (5) years in prison. Therefore, what may arise from a harmless mistake could result in an indictable charge before the Hudson County Superior Court in Jersey City.
The team of Hudson County, NJ credit card fraud and theft defense attorneys at Marshall Criminal Defense has the skill set and knowledge to successfully represent your interest. Our office has eight Jersey City theft attorneys on staff, making our office one of the largest in the State let alone Hudson County. If you or someone you love are facing charges for credit card fraud, theft of moveable property, theft by deception, robbery or burglary in towns like Kearny, Harrison, Union City, Hoboken, Bayonne or West New York, the Law Offices of Jonathan F. Marshall can help. With a team of criminal defense attorneys, we have ability to have eight criminal defense lawyers review every piece of discovery in your case. Our attorneys will put your interest first and take the steps necessary to try too keep you out of jail. For immediate assistance with your your pending charges, contact our Jersey City office at (201) 309-1800. The initial consultation is always provided free of charge.
What is “Making False Statements to Procure Issuance of a Credit Card” in NJ?
Pursuant to N.J.S.A. 2C:21-6(b), it is a crime of the fourth degree to Make False Statements to Procure Issuance of a Credit Card. Under the statute, it is unlawful for a person to:
- Make or cause to be made, either directly or indirectly, any false statement in writing;
- The false statement must be made respecting his or her own identity or the identity of another person or of a firm or corporation;
- The person (defendant) must know that the false statement was false and must intend the false statement to be relied upon; and
- The person (defendant) must have made the false statement with the purpose of procuring the issuance of a credit card.
As a crime of the fourth degree, Making False Statements to Procure Issuance of a Credit Card will carry up to eighteen (18) months in prison, if convicted. Moreover, the convicted individual will face a fine up to $10,000, as well as potential civil liability as well.
What is “Use of a Credit Card Knowing it has Been Revoked, Forged or Expired” in NJ?
Under N.J.S.A. 2C:21-6(d)(1), it is a crime of the third degree to “Use a Credit Card Knowing it has Been Revoked, Forged or Expired”. For the State to convict an individual of this offense, they must prove the following four (4) elements:
- That the defendant intended to defraud the issuer or a person providing money, goods, services or anything else of value;
- The credit card must be used for these purposes;
- The card which is used must be forged, expired or revoked; and
- The defendant must have knowledge of the forgery, expiration or revocation.
As a crime of the third degree, this offense carries up to five (5) years in prison and a fine up to $15,000, if convicted.
What is “Fraud Committed By the Provider of Money, Goods or Services” in NJ?
Under N.J.S.A. 2C:21-6(e), it is a crime of the third or fourth degree for a person authorized to furnish money, goods and services to defraud the issuer. There are two different offenses of this type.
The first type of offense, under N.J.S.A. 2C:21-6(e)(1), occurs when the provider knew that card was being used to commit a theft, that the card was forged, or that the card had expired. For the State to convict an individual under this offense, they must prove the following four (4) elements:
- That the defendant is a person authorized by an issuer or his agent to furnish money, goods, services or anything else of value;
- The defendant provided money, goods, etc;
- The defendant did so with an intent to defraud either the issuer or the cardholder; and
- The defendant when he furnished the money, goods, etc. knew that the card had been obtained or retained in violation of the theft prohibitions of the New Jersey Criminal Code or he knew that the card had been forged, expired or revoked.
As a crime of the third degree, this offense carries up to five (5) years in prison and a fine upwards of $15,000, if convicted.
The second type of offense, under N.J.S.A. 2C:21-6(e)(2), occurs when an individual falsely represented that he issued goods or services. This offense is a fourth degree crime, and the State must prove the following three (3) elements to convict an individual under the statute:
- That the defendant is a person authorized by the issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder;
- The defendant represented in writing to the issuer that he has furnished the money, goods, etc; and
- That the defendant in fact did not furnish the money, goods, services or anything of value.
As a crime of the fourth degree, a conviction will carry up to eighteen (18) months in prison and a fine up to $10,000.
What is “Receipt of Anything of Value As Result of Credit Card Fraud” in NJ?
Under certain circumstances, persons who receive money, goods, services or anything of value, as a consequence of a credit card fraud, are guilty of a crime of the fourth degree. This statute, under N.J.S.A. 2C:21-6(g), is directed toward the receiver of the benefits, rather than the user of the card. For the first type of receiving offense, the State must prove the following three (3) material elements:
- That the defendant received money, goods, services or anything else of value;
- These benefits were knowingly obtained on the basis of a credit card that was forged, expired or revoked, or based on the representation that the person uttering the card was the cardholder (but without his consent), or on the representation that the utterer was the cardholder when in fact the card had not been issued; and
- The receiver knew or believed such a fraud had occurred.
There is a presumption of the requisite knowledge if the defendant obtained, at a discount, a ticket issued by an airline, railroad, steamship or other transportation company, and the ticket had been obtained by one of the specified fraudulent methods and the person who received the benefits did not make a diligent inquiry that the person from whom he received the ticket had a right to possess the ticket. This presumption, as well as all the other presumptions in this section, are not mandatory. The trier of the fact may accept or reject the inference.
As a crime of the fourth degree, a conviction will carry up to eighteen (18) months in prison and a fine up to $10,000.
What is “Fraudulent Use of Credit Card” in New Jersey?
Lastly, it is a third degree crime to Fraudulently Use a Credit Card. This offense is directed at the person who uses a counterfeit, fictitious, altered, forged, lost, stolen or fraudulently obtained credit card to obtain money, goods, services or anything else of value. It must be proved that the defendant acted knowingly. The offense is also directed at the person who furnishes, acquires or uses any actual or fictitious credit card, whether alone or together with names of credit cardholders, or other information pertaining to a credit card account in any form with unlawful or fraudulent intent.
As a crime of the third degree, this offense carries up to five (5) years in prison and a fine up to $15,000, if convicted.
The following terms within the statute are defined as follows:
- “Credit card” has been expanded to mean any tangible or intangible instrument or device issued with or without fee by an issuer that can be used, alone or in connection with another means of account access in obtaining money, goods, services or anything else of value on credit including credit cards, credit plates, account numbers, or any other means of account access. The purpose of this change was to expand the definition of credit card to include account numbers or other means of account access.
- “Expired credit card” means a credit card which is no longer valid because the term shown either on it or on documentation provided to the cardholder by the issuer has elapsed.
- The issuer means the business organization or financial institution which issues a credit card or its duly authorized agent.
- The “cardholder” is the person or organization named on the face of the credit card to whom or for whose benefit the card is issued by the issuer.
Hudson County NJ Credit Card Fraud Attorneys
Marshall Criminal Defense has over 200 years of combined experience on staff, including over twenty-five years of prior prosecuting experience. This experience gives our attorneys an inside view on how the State may attempt to prove their case against you. If you or a loved one has been charged with a criminal offense like credit card theft, extortion, money laundering or theft of services, please contact our Jersey City office at (201) 309-1800 for a free consultation. Our Hudson County criminal attorneys are available 24/7 to help assist you through this difficult process.
