Financial Transaction Card Fraud O.C.G.A. 16-9-33
A Yeargan & Kert, LLC Attorney Will Fight Your Financial Transaction Card Fraud
You complete financial transactions every day. You may pay for your favorite latte with your credit or debit card. You may write a check out to yourself because you need cash. Sometimes those daily transactions you never think twice about can become a criminal charge in Atlanta Georgia. That charge is Financial Transaction Card Fraud.
For example, deposit account fraud is the crime of presenting a written instrument such as a check for payment. However, you allegedly know that there is not enough money to cover the amount of the check.
According to state law, a person is guilty of this crime if they make, utter, execute, draw or deliver an instrument for payment of money. The instrument is presented to a bank or other type of depository for consideration. This means you give the bank the instrument in exchange for money. The crime occurs because that written instrument cannot be cashed because of insufficient funds.
The state has to prove beyond a reasonable doubt that a person committed this type of financial crime. The way it does that is by proving the following:
- A notice was sent about the alleged insufficient funds. You received notice by certified mail that you did not have enough money in the account to cover the written instrument.
- You actually had no account with the bank or institution the written instrument was made, delivered or drawn on. You knew that you did not have money in the account.
- The institution refused payment because you did not have money when the written instrument was presented within 30 days after it was delivered. You were then given notice about the lack of funds and told to make repayment. You did not.
The punishment for this charge varies according to the dollar amount. If the amount of the written instrument is less than $500, the criminal sentence of 12 months in county jail.
Another type of financial transaction criminal charge in Atlanta Georgia is called financial transaction card fraud. Let Yeargan & Kert, LLC fight these charges for you. Often, these charges can be dismissed and removed from your criminal history.
Financial Transaction Card Fraud in Atlanta Georgia is Outlined under 16-9-33 of the Criminal Code
A financial transaction card fraud charge, also called credit card fraud, happens in several ways. However, a prosecutor only has to use the information in the state statute 16-9-33 to try to prove you are guilty of credit card fraud.
According to the statute, an individual makes a financial transaction with the intent to defraud the issuer. The issuer may be an individual or organization like a retail store selling money, goods or services.
To be charged with the criminal charge, you knew the financial transaction was revoked, altered, forged, expired or obtained fraudulently. This means that you allegedly knew the credit card was expired or forged when you used it to buy goods, services or something of value.
You can also be charged with financial card transaction fraud if you:
- Use the card without consent of the true owner
- You pay for items without permission of the true owner
- You falsely represent that you were the real owner of the valid credit card
You can also get into legal trouble if you provide the numbers of a credit card over the phone and you know it will be a fraudulent transaction.
A prosecutor trying to prove your guilt beyond a reasonable doubt only needs to show the jury or judge you completed a financial transaction by:
- Forging someone’s name
- Altering a card
- Using someone’s card without their permission or consent; or
- Obtaining a card via a fraudulent application. This means you allegedly lied on an application to obtain a credit card.
Yeargan & Kert, LLC is Ready to Work for You in Your Atlanta Georgia Credit Card Fraud
The exact penalty you face depends on the amount of money obtained in the fraudulent transaction. We will work to prove your innocence in this fraud case. We will look at all the defenses available to you based on the information you give us and our own investigation. We may use a common defense like the absence of intent to commit fraud. You must knowingly complete a financial transaction with the intent to commit fraud.
One defense is actual innocence. You did not commit the crime of fraud. You did not intend to make a financial transaction without having any money in your account. That is called the lack of intent defense. You can also claim that you never received a certified notice in the mail that your account did not have any money in the account.
Another option is challenging the prosecutor’s case. One example of challenging the state’s case involves calling them out on not having enough good evidence to go to court. Good evidence means they cannot prove beyond a reasonable doubt. We will use that evidence to show the state does not have enough evidence to take the case to trial. If successful, the case can be dropped. They have to give us the evidence they have against you.
Contact Yeargan & Kert, LLC for a free case evaluation immediately.