Credit Card Theft Charges Involving the Use of Internet
The New Jersey Legislature cast a wide net when they enacted legislation regarding criminal punishment for credit card theft. To avoid legal or technical shortcomings, the legislature set forth five separate crimes under the umbrella of credit card theft. With the ease at which we can apply for and utilized credit cards through the internet, these crimes are taking place over the internet more and more in recent months. The specific crimes prohibited under N.J.S.A. 2C:21-6 include: (1) Making False Statements to Procure Issuance of a Credit Card; (2) Use of a Credit Card Knowing it has been Revoked, Forged or Expired; (3) Fraud Committed by the Provider of Money, Goods or Services; (4) Receipt of Anything of Value as a Result of Credit Card Fraud; and (5) Fraudulent Use of a Credit Card. Depending on the circumstance your particular indictment, a conviction could result in upwards of five (5) years in a New Jersey State Penitentiary.
If you’ve been charged with any type of credit card fraud, whether involving the use of internet or not, an attorney can help you handle your charges, and many times keep you out of jail. Contact one of the Credit Card Theft/Fraud attorneys at the Law Offices of Jonathan F. Marshall today for a free, no-obligation case consultation. We can be reached at 1 (800) 879-9087, or you may contact us electronically through this site. We’re here, and ready to help.
Making False Statements to Procure Issuance of a Credit Card Online
Under N.J.S.A. 2C:21-6(b), it is a fourth degree offense to make false statements to procure a credit card. Specifically, it is unlawful for a person to (1) make or cause to be made, either directly or indirectly, any false statement in writing; (2) the false statement must have been made respecting his or her own identity or the identity of another person or of a firm or corporation; (3) the defendant must have known that the false statement was false and must intend the false statement to be relied upon; and (4) the defendant must have made the false statement with the purpose of procuring the issuance of a credit card. If convicted, you will be exposed to up to eighteen (18) months in prison.
Is it Illegal to Use of a Credit Card Knowing it was Revoked, Forged or Expired” in NJ?
Yes. Pursuant to N.J.S.A. 2C:21-6(d)(1), it is a third degree offense to knowingly use a revoked use a revoked, forged or expired credit card. While the language of the offense seems rather straightforward, the elements of the offense are more intricate then expected. You should consult with an experienced defense attorney to discuss this offense and the proofs required for a conviction. If convicted, this crime will result in up to five (5) years in prison and a fine up to $15,000.
Will I Go to Prison for Committing Fraud as the Provider of Money, Goods or Services?
If convicted, then you certainly could face jail time. Pursuant to N.J.S.A. 2C:21-6(e), it is either 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 under this subsection of the statute. One of these, 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. As a third degree offense, this crime carries five (5) years in prison and a fine upwards of $15,000.00, 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 will carry up to eighteen (18) months in prison and a fine up to $10,000.00, if convicted.
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. This situation may come up when purchasing goods online via an ecommerce website such as Amazon or Ebay. If convicted, you or a loved one could face eighteen (18) months in prison and a fine up to $10,000.00.
Fraudulent Use of a Credit Card On the Internet
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. 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 $15,000.00, if convicted.