Miami Credit Card Fraud Lawyers

Aggressively Defending Clients Charged with Credit Card Fraud

Credit card fraud is a serious financial crime involving using someone else’s credit or debit card information without permission to obtain money, goods, or services. Whether it’s unauthorized transactions, identity theft, or possession of counterfeit credit cards, law enforcement treats these offenses aggressively.

State and federal authorities actively investigate and prosecute credit card fraud, often imposing significant penalties. Depending on the circumstances, a charge may be classified as a misdemeanor or a felony, with potential consequences ranging from hefty fines to imprisonment. Federal agencies such as the FBI or Secret Service may become involved when credit card fraud involves interstate commerce, mail fraud, wire fraud, or large-scale data breaches.

Securing skilled legal representation is critical if you are under investigation or have been charged with this offense. A knowledgeable credit card fraud attorney can assess your case, build a strong defense, and work to reduce or dismiss the charges against you. 

At Hager & Schwartz, P.A., we recognize the complexities of financial fraud cases and are committed to protecting your rights and future. Contact us for a free consultation to discuss your legal options.

What Constitutes Credit Card Fraud?

Credit card fraud encompasses various unlawful activities related to the unauthorized use of credit or debit card information. Florida state law and federal statutes define this crime broadly, covering acts ranging from using a stolen card for a single purchase to large-scale schemes involving identity theft and digital fraud.

Credit Card Fraud Under Florida Law

Florida Statutes § 817.61 criminalizes credit card fraud when a person intending to defraud uses a credit card without the cardholder’s consent to obtain money, goods, or services. Even a single unauthorized transaction can result in criminal charges, and penalties escalate based on the number of fraudulent transactions and the total value of the items obtained. 

Credit Card Fraud Under Federal Law

Federal authorities prosecute credit card fraud under 15 U.S.C. § 1644, particularly when the offense involves interstate or foreign commerce. Federal charges often arise in cases where a person knowingly uses or attempts to use a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to conduct transactions across state lines or through online platforms.

Common Types of Credit Card Fraud Cases

Credit card fraud takes many forms, from individual acts of unauthorized use to large-scale schemes involving sophisticated technology and organized networks. While some cases stem from misunderstandings or unintentional mistakes, others involve deliberate attempts to exploit financial systems for personal gain.

Several actions can result in credit card fraud charges, including:

• Using stolen credit card information. Making unauthorized purchases with a stolen physical card or compromised card details.
• Possessing or using forged instruments. Creating or using fake credit cards, falsified financial documents, or counterfeit identification to complete transactions.
• Engaging in a phishing scheme. Using deceptive emails, phone calls, or websites to trick individuals into revealing their credit card details.
• Selling stolen credit card numbers on the dark web. Trafficking in stolen financial information through illicit online marketplaces. Credit card information is often obtained through data leaks or cybercrimes.
• Utilizing credit card skimmers at ATMs or gas stations. ATM skimming involves installing devices on card readers to capture card details and PINs.
• Committing identity theft. Unlawfully uses another individual’s personal information to make purchases or open credit cards.

Potential Penalties for Credit Card Fraud

The consequences of a credit card fraud conviction can be severe, with penalties varying based on the nature of the offense, the amount involved, and whether the case is prosecuted at the state or federal level. Even seemingly minor infractions can lead to lasting repercussions, including criminal records, financial penalties, and potential incarceration.

Misdemeanor vs. Felony Charges in Florida

Florida law classifies credit card fraud offenses based on the total value of the fraudulent transactions.

The charges and penalties attached to offenses include:

• First-degree misdemeanor. If the total amount involved is less than $100 within six months, the charge is a misdemeanor punishable by up to one year in jail, probation, and a $1,000 fine.
• Third-degree felony. If the total value of fraudulent transactions exceeds $100 within six months, the offense escalates to a felony, carrying penalties of up to five years in prison, five years of probation, and a $5,000 fine.

Federal Credit Card Fraud Penalties

Credit card fraud cases involving interstate or foreign commerce, significant financial losses, or identity theft often fall under federal jurisdiction. Under 15 U.S.C. § 1644, if the total amount of fraudulent transactions exceeds $1,000, defendants can face up to 10 years in federal prison and significant fines.

Additionally, if the fraud involves mail fraud, wire fraud, or aggravated identity theft, the penalties become even harsher.

Legal Defenses Against Credit Card Fraud Charges

Being accused of credit card fraud can be overwhelming, but a charge does not automatically lead to a conviction. Prosecutors must prove beyond a reasonable doubt that the defendant knowingly and intentionally committed fraud. 

A strong legal defense can challenge the prosecution’s case, expose weaknesses in the evidence, and, in some cases, result in reduced charges or even dismissal. 

Possible legal defenses in credit card fraud cases include:

• Lack of intent. If the defendant did not knowingly engage in fraudulent activity, they may have a viable defense. For example, someone may have used a credit card believing they had authorization.
• Mistaken identity. Identity theft is a common component of credit card fraud cases, and it is not unusual for innocent individuals to be wrongfully accused. If the defendant's information was compromised—whether through a data leak, phishing scheme, or dark web sale of stolen credentials—they may have been wrongfully linked to a crime they did not commit. 
• Insufficient evidence. If the evidence is circumstantial, inconsistent, or lacks direct proof of the defendant’s involvement, the case may not hold up in court. A skilled credit card fraud attorney can challenge the validity of financial records, question the credibility of witnesses, and dispute the reliability of transaction data to expose weaknesses in the prosecution’s argument.
• Unlawful search and seizure. Law enforcement officers must follow strict procedures when collecting evidence. Any evidence obtained may be inadmissible in court if they searched a suspect’s home, phone, computer, or financial records without a valid warrant or probable cause.
• Entrapment. Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. This defense is particularly relevant in undercover operations, where police may pressure or deceive individuals into making fraudulent transactions.

Why Legal Representation Is Important

At Hager & Schwartz, P.A., our attorneys bring decades of experience defending clients against white collar crime allegations, leveraging our background as former prosecutors to anticipate the government’s tactics. We craft aggressive, personalized defense strategies designed to challenge the prosecution’s evidence, negotiate favorable plea deals, or seek case dismissals when possible. 

Early legal intervention can make a difference if you're under investigation or already facing charges. Contact Hager & Schwartz, P.A. to discuss your fraud crime case and protect your future.