Credit Card Fraud

Chicago Credit Card Fraud Defense Lawyer

Credit Card Fraud under 720 ILCS 5/17-36

Facing a charge of credit card fraud under 720 ILCS 5/17-36 in Illinois can be a life-altering experience. As an experienced criminal defense attorney based in Chicago, I have encountered numerous clients who find themselves overwhelmed and uncertain about what lies ahead. Credit card fraud encompasses a range of activities, from unauthorized use of a credit card to sophisticated schemes involving multiple fraudulent transactions. This article will provide a thorough understanding of credit card fraud under Illinois law, including the relevant statutes, potential penalties, common defenses, frequently asked questions, and why having a skilled attorney is crucial in such cases.

Understanding the Statute and Relevant Laws

Credit card fraud is a serious offense in Illinois, and it is governed by 720 ILCS 5/17-36. This statute covers various fraudulent activities involving credit and debit cards. According to this law, a person commits credit card fraud when they knowingly use, possess, or attempt to use a credit or debit card to obtain money, goods, services, or any other thing of value with the intent to defraud. This statute is broad and encompasses several specific acts of fraud, including:

• Using a card that has not been issued to the defendant and is not used with the cardholder’s consent.
• Using a card that has been revoked or canceled.
• Using a card that the defendant knows is counterfeit, forged, altered, or obtained by fraudulent means.
• Falsely representing that they are the holder of a specified card.
• Using a fictitious card or number.

The statute also covers the possession of credit card-making equipment, the sale or transfer of a credit card with the intent to defraud, and the receipt of anything of value obtained through the fraudulent use of a credit card. 

In addition to 720 ILCS 5/17-36, other relevant statutes include:

• 720 ILCS 5/17-31: This statute addresses forgery, which is often related to credit card fraud cases. Forgery involves creating or altering a document with the intent to defraud, and it can include altering credit card statements or receipts.
• 720 ILCS 5/17-32: This statute covers deceptive practices, including writing bad checks and other forms of fraud that can be connected to credit card fraud schemes.
• 720 ILCS 5/16-1: Theft statutes are also relevant, as credit card fraud often involves stealing money or property through fraudulent transactions.

Understanding these statutes and how they interrelate is crucial for mounting a robust defense against credit card fraud charges. The prosecution must prove specific elements of the crime, including the intent to defraud, to secure a conviction.

Potential Punishments and Consequences

The penalties for credit card fraud in Illinois can be severe, reflecting the seriousness of the offense. If convicted of credit card fraud under 720 ILCS 5/17-36, the defendant may face a range of potential punishments, including fines, jail time, probation, and other consequences. The severity of the penalties depends on several factors, such as the amount of money involved, the defendant’s criminal history, and the specific circumstances of the case.

A conviction for credit card fraud can result in fines ranging from a few hundred to several thousand dollars. The exact amount depends on the value of the goods or services fraudulently obtained. In cases involving significant sums of money, the fines can be substantial. In addition to fines, the court may order restitution to the victims, requiring the defendant to repay the stolen amounts.

Jail time is another potential consequence of a credit card fraud conviction. For a misdemeanor offense, the defendant could face up to one year in jail. However, if the fraudulent transactions exceed a certain threshold, the charge may be elevated to a felony, carrying more severe penalties. Felony credit card fraud can result in a prison sentence ranging from one to several years, depending on the amount involved and any aggravating factors.

Probation may be an alternative to jail time in some cases, especially for first-time offenders or those with mitigating circumstances. Probation conditions can include regular check-ins with a probation officer, community service, attendance at counseling or treatment programs, and adherence to specific behavioral requirements. Violating the terms of probation can result in additional penalties, including incarceration.

A conviction for credit card fraud results in a permanent criminal record, which can have long-lasting implications. This record can affect employment opportunities, housing options, and other aspects of life. Employers, landlords, and others often conduct background checks, and a fraud conviction can severely limit the defendant’s opportunities. In addition to these direct penalties, the social stigma associated with a fraud conviction can also impact personal and professional relationships.

Common Defenses for Credit Card Fraud Charges

Defending against credit card fraud charges requires a strategic approach tailored to the specifics of the case. An experienced criminal defense attorney can identify and pursue several potential defenses, depending on the circumstances. Here are some common defenses that can be effective in challenging credit card fraud charges:

One possible defense is the lack of intent to defraud. To secure a conviction for credit card fraud, the prosecution must prove that the defendant acted with the intent to defraud. If the defense can demonstrate that the defendant did not have this intent, it can weaken the prosecution’s case. For example, if the defendant believed they had permission to use the card or were unaware that the card was revoked or counterfeit, this lack of intent can be a strong defense.

Another potential defense is mistaken identity. In cases where the fraudulent transactions were conducted online or through other means where physical presence is not required, it is possible that someone else used the defendant’s information to commit the fraud. Demonstrating that the defendant was not the person who conducted the transactions can be an effective defense. This may involve presenting alibi evidence, challenging the prosecution’s evidence, or providing proof of identity theft.

Insufficient evidence is another defense that can be pursued. The prosecution bears the burden of proving the defendant’s guilt beyond a reasonable doubt. If the evidence against the defendant is weak or unreliable, the defense can argue that the prosecution has not met this burden. This can involve challenging the credibility of witnesses, questioning the accuracy of transaction records, and scrutinizing the methods used to gather evidence.

Entrapment can also be a viable defense in some cases. If law enforcement officers induced the defendant to commit a crime they would not have otherwise committed, this can be grounds for an entrapment defense. This defense requires demonstrating that the defendant was not predisposed to commit the crime and that the government’s actions led to the fraudulent activity.

Each case is unique, and the best defense strategy will depend on the specific facts and circumstances. Consulting with an experienced criminal defense attorney is essential for developing a tailored defense plan. A skilled attorney can assess the strengths and weaknesses of the case, identify potential defenses, and advocate on behalf of the defendant throughout the legal process.

Frequently Asked Questions (FAQs) About Credit Card Fraud Charges in Illinois

Understanding the nuances of credit card fraud charges can be challenging. Here are some frequently asked questions to help clarify common concerns and provide additional insight into the defense process.

What should I do if I am accused of credit card fraud? If you are accused of credit card fraud, it is crucial to seek legal representation immediately. Do not speak to law enforcement or investigators without consulting an attorney. Anything you say can be used against you in court. An experienced criminal defense attorney can guide you through the legal process, protect your rights, and help you build a strong defense.

Can credit card fraud charges be reduced or dismissed? In some cases, it is possible to have credit card fraud charges reduced or dismissed. This depends on the specific facts of the case, the strength of the prosecution’s evidence, and the effectiveness of the defense strategy. An attorney can negotiate with the prosecution for reduced charges or alternative sentencing options, such as probation or community service, and may file pretrial motions to dismiss the charges if there are grounds to do so.

What are the long-term consequences of a credit card fraud conviction? A credit card fraud conviction can have long-term consequences beyond the immediate penalties of fines, jail time, and probation. A permanent criminal record can impact employment opportunities, housing options, and personal relationships. Employers and landlords often conduct background checks, and a fraud conviction can severely limit your opportunities. Additionally, the social stigma associated with a fraud conviction can affect your reputation and relationships.

Can I be charged with credit card fraud if I didn’t physically use the card? Yes, you can be charged with credit card fraud even if you didn’t physically use the card. Credit card fraud encompasses a range of activities, including online transactions and other forms of electronic fraud. If you are involved in a scheme to use or possess a fraudulent credit card, you can be charged and convicted under 720 ILCS 5/17-36.

What is the difference between state and federal credit card fraud charges? State and federal credit card fraud charges differ in jurisdiction and severity. State charges are prosecuted under Illinois state law, while federal charges are prosecuted under federal statutes, such as the United States Code (USC). Federal cases often involve larger-scale schemes or frauds that cross state lines. The penalties for federal charges can be more severe, and the cases are prosecuted by federal agencies with significant resources.

Can I fight a credit card fraud charge if I have a prior criminal record? Yes, you can still fight a credit card fraud charge even if you have a prior criminal record. While a prior record can complicate your case and may result in harsher penalties, an experienced attorney can help you build a strong defense. Your attorney can argue for mitigating factors, challenge the prosecution’s evidence, and negotiate for reduced charges or alternative sentencing options.

What role does intent play in a credit card fraud case? Intent is a crucial element in a credit card fraud case. To secure a conviction, the prosecution must prove that you acted with the intent to defraud. This means that you knowingly used, possessed, or attempted to use a credit card with the purpose of obtaining money, goods, or services unlawfully. Demonstrating that you lacked the intent to defraud can be a strong defense and may result in a reduction or dismissal of charges.

Why You Need an Attorney and Why Choose The Law Offices of David L. Freidberg

Facing charges of credit card fraud is a serious matter that requires skilled legal representation. An experienced criminal defense attorney can provide invaluable assistance in navigating the complexities of the legal system and mounting a robust defense. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:

Understanding the intricacies of Illinois credit card fraud statutes and the nuances of defending against these charges requires in-depth legal knowledge and experience. An attorney can analyze the specific facts of your case, identify potential defenses, and develop a strategic defense plan tailored to your situation. Throughout the legal process, an attorney will ensure that your rights are protected. This includes advising you during interrogations, representing you in court, and challenging any violations of your constitutional rights.

A skilled attorney can identify weaknesses in the prosecution’s case and present a strong defense on your behalf. This may involve challenging the credibility of witnesses, questioning the accuracy of evidence, and presenting alternative explanations for the alleged fraudulent activity. In many cases, an attorney can negotiate with the prosecution for reduced charges or alternative sentencing options. This may include probation, community service, or participation in treatment programs. Effective negotiation can result in more favorable outcomes than going to trial.

Facing criminal charges can be incredibly stressful. An attorney provides guidance, support, and reassurance throughout the process. They can help you understand your legal options, make informed decisions, and advocate for your best interests. At The Law Offices of David L. Freidberg, we have decades of experience defending clients against credit card fraud charges. Our commitment to protecting your rights and achieving the best possible outcomes for our clients sets us apart. We offer a free consultation to discuss your case and explore your legal options.

The Law Offices of David L. Freidberg For Your Free Consultation

If you are facing accusations of credit card fraud under 720 ILCS 5/17-36, don’t face it alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a track record of success, we are dedicated to protecting your rights and helping you navigate the legal system. We offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you fight for your future and achieve the best possible outcome in your case.