Credit Card Fraud in Vancouver, Washington: Laws, Penalties, and Defense Options

Using someone’s credit card to make purchases, possessing a credit card or credit card numbers of another in order to use them to make purchases online, creating a fake credit card to make purchases, using a “skimmer” to steal card information at gas stations, or even submitting false information to banks in an attempt to obtain cash are all examples of Credit Card Fraud in Vancouver WA that can land you in some serious trouble and put your freedom, finances and reputation at risk.

Many forms of payment-card and other financial crimes are listed as crimes in the Washington statutes. These crimes can be charged as theft, identity theft, possesion of another’s ID etc. or as an unlawful payment-card transaction.

The credit card fraud in Vancouver WA allegations made against you and the potential credit card fraud charges that you could face as a result of an investigation into your actions as they relate to your use of a credit card or the use of your credit card by another to acquire goods or services in the Vancouver and surrounding areas of Southwest Washington can be reviewed by a credit card fraud lawyer in Vancouver, WA in order to help determine what potential credit card fraud charges could be brought against you and to defend you against such credit card fraud charges should you be charged with them.

If you are accused of fraud in Vancouver Washington, the fraud lawyers at Mcaleer Law can represent you in all matters related to criminal charges. If you are under investigation for credit card fraud in Vancouver WA, or you have already been charged with credit card fraud, we can help you.

What Is Credit Card Fraud in Vancouver WA Under Washington Law?

Using a credit card, payment-card information, or other financial information in a transaction to obtain money, goods, services, etc. with intent to commit fraud or with intent to use said information to obtain something of value which is to be used for fraud is defined as credit card fraud under Washington laws.

Like most states, Washington treats credit card fraud differently depending on the circumstances of the crime and the statute that is alleged to have been violated.

There are many examples of fraud using credit cards which may be investigated by the police and lead to charges of credit card fraud.

• Using another person’s credit card without authorization.
• Making purchases with a stolen credit card.
• Using another person’s card information for online transactions.
• Possessing stolen credit cards or payment-card information.
• Creating or using counterfeit payment cards.
• Using a scanning device to obtain encoded payment-card information unlawfully.
• Submitting a false payment-card transaction record to a financial institution.
• Using another’s personal or financial information for Identity Theft.

The simple allegation of a crime does not constitute proof of that crime’s commission by any given individual. In order to secure a conviction, the state must prove each and every element of the charged crime(s) beyond a reasonable doubt.

Washington’s Payment-Card Laws

All of these charges are addressed in several different statutes in Washington.

• RCW 9A.56.280 describes the definition of credit cards, payment cards, cardholders and other definitions related to financial crimes in several statutes.
• RCW 9A.56.290: Unlawful factoring of credit or payment-card transactions; use of devices to obtain, alter or re-encode encoded information on payment cards, etc. (Scanning, re-encoded cards, etc.); fraudulent creation, submission of transaction records.
• RCW 9A.56.330: Knowing possession of another’s identification without permission.
• RCW 9.35.020: Addresses identity theft.

In credit card fraud cases, whether the offense was charged under RCW 9.65.020, RCW 9.35.020 or one of the several other payment card related statutes can significantly impact the offense’s elements and associated potential penalties.

What Are the Common Types of Credit Card Fraud Charges?

Although a wide range of factual circumstances can give rise to credit card fraud charges, each such investigation typically is focused on a few different issues or crimes.

1. Unauthorized Credit Card Use

People are investigated and charged for using another person’s credit card or credit card information without their permission to make purchases.

As an example, investigators would look at the specific purchases that were made using the stolen credit card(s) and follow the paper trail at the places where the card was used such as retail stores, on-line websites, and where packages were delivered etc.

Simply because a purchase has been disputed by a credit card account holder, does not mean that the credit card user engaged in criminal fraud.

2. Possession of a Stolen Credit Card

Possessing a stolen credit card can also form the basis of a separate charge for possession of another’s identification for financial gain, etc. The statutes concerning such conduct are found in RCW 9A.56.340 through RCW 9A.56.390.

Often investigators look into where the card was obtained, did the person know the card was stolen, and what were they using it for.

Your lawyer will examine the evidence to determine whether the prosecution has established all of the elements for the crime(s) for which you have been charged.

3. Identity Theft Involving Credit Cards

Identity theft and credit card fraud are becoming more and more prevalent as people find new ways to use someone else’s financial information. Often when credit card fraud is charged in conjunction with identity theft the suspect used another person’s identifying information to open accounts, obtain credit or make purchases with their new cards.

Examples of this type of activity include opening a new credit account in another’s name, obtaining credit in another’s name, utilizing another’s identifying information in order to make a purchase.

Identity Theft (RCW 9.35.020) has its own requirements for each degree of crime and corresponding penalty. Charges of identity theft may be included in credit card fraud cases.

4. Counterfeit or Re-Encoded Payment Cards

The investigator(s) in your case may charge you with much more serious credit card fraud offenses when they believe that you created and used counterfeit credit cards, were involved in card skimming schemes, re-encoded existing credit cards, or otherwise, unlawfully collected, recorded and/or used the encoded information found on the magnetic strips of credit cards.

Unlawful factoring of a credit or payment-card transaction in Washington, as defined by RCW 9A.56.290, is generally classified as a Class C felony. A second or subsequent violation of this same statute, however, is classified as a Class B felony.

These sections will outline the crimes defined by that statute and will not include every crime relating to credit cards that have been committed.

5. Online Credit Card Fraud

Online Credit Card Fraud – The parties, accounts, computer, on-line business, product shipped to different locations.

Account records, IP addresses, on-line device use, on-line communications, payment history, shipping information and more can be used as evidence to determine who actually completed an on-line transaction and to establish criminal intent to commit credit card fraud.

There are also many factual issues that must be established in order to prove the elements of criminal intent and identity of the person who used the card to make the purchase online.

What are the Penalties for Credit Card Fraud in Washington?

In many instances, there are varying degrees of conduct and each is associated with different penalties depending upon prior offenses as well as the specific statute that has been charged.

Possible consequences may include:

• Jail or prison: Credit card fraud is often charged as a felony and therefore the person convicted can expect to go to jail or prison for some length of time.
• Fines: If allowed by law, the court can impose substantial fines on the defendant for his/her crimes.
• Repaying losses connected to the conviction for which he or she was found guilty as required by law and ordered by the court.
• A criminal record can negatively impact employment, housing, and professional activities.
• Forfeiture of Assets: In some cases, property may be forfeited to the state.
• Additional charges: The defendant could also be charged with separate offenses for which there is sufficient evidence to proceed to trial (e.g. Identity Theft, Theft).

As an example, unlawful factoring of payment-card transactions and change in value of a payment-card transaction are classified as Class C felonies under RCW 9A.56.290. A second offense for unlawful factoring of a payment-card transaction is classified as a Class B felony under RCW 9A.56.290.

Each credit card fraud case has different circumstances. The charges made against an individual will determine their exact sentence. It’s best to speak with a criminal defense attorney to see how the specific charges against you will be sentenced.

What Evidence Do Prosecutors Use in Credit Card Fraud Cases?

In investigating credit card fraud cases, rather than relying on the testimony of one or more witnesses to prove their case against a defendant, the investigation and proof in these cases is based on financial and electronic documentation of payments made with a payment-card to on-line accounts and/or retail merchants.

Bank and Credit Card Statements

These types of records can demonstrate specific charges against someone accused of credit card fraud, and what their actions were with respect to their financial transactions.

In addition to determining completeness and accurate interpretation of records, the defense investigates for consistency with charges of the prosecution.

Security Camera Footage

These can be physical locations such as a store, ATM or even a parking lot where your accuser’s transaction was processed by surveillance cameras.

Was the image sufficiently clear to positively identify the defendant? Were the time stamps on the footage accurately set? How was the defendant identified from the footage?

Online Account and Device Records

This can include account activity such as log-ins, device information, IP addresses, email communication and even delivery confirmation for online purchases.

Just because a device or an internet connection is associated with an account, doesn’t mean that every action must have been carried out by that person.

Text Messages and Other Communications

Messages can be used as evidence that another person knowingly participated in the fraud of a fraudulent transaction.

This communication can be looked at in full context, proved where necessary and furthermore be shown to have been misinterpreted by the prosecution.

Statements to Police or Investigators

For example, a suspect may have told police about his purchases, his financial situation, his relationships or even the possession of a credit card.

Are the statements made by a defendant under suspicion admissible against them?

What Are the Possible Defenses to a Credit Card Fraud Charge?

This depends on the charge(s) with which you have been charged, and the evidence available to prove those charges. It is only with knowledge of the prosecution’s case, and the specific issues upon which they intend to rely, that a proper defense can be proposed.

Lack of Criminal Intent

Not every unauthorized use of a credit card or other device constitutes the crime of fraud.

Some offenses rely on knowledge or the intention to commit fraud by a person, and as such evidence of an honest mistake or lack of knowledge and/or understanding will be relevant.

Authorization or Permission

Disputes over the use of a card held in joint names, for example, by a husband and wife, and some business transactions are also covered by this defense.

A review of messages, agreements and account statements, together with other relevant evidence, can reveal whether or not permission was granted and what the parties’ understanding of the circumstances were.

All charges are not defeated by permission to use another’s credit card etc. and there are different facts to establish for different offenses.

Mistaken Identity

A different person may have utilized the defendant’s credit card, account or device to enter into the subject transaction.

Reviewing available surveillance footage, transaction records, device information, as well as learning about the witnesses involved, the evidence to prove the defendant in the case is the same as the evidence to prove another person are both important in ascertaining whether the prosecution has correctly identified the defendant in the case.

Insufficient Evidence

Each element required for the crime of credit card fraud must be proven by the prosecution beyond a reasonable doubt.

If the evidence lacks sufficient proof to show the defendant committed the crime for which he or she is charged (e.g. lack of reliable proof to show identity, knowledge, intent or other required elements), then the charge can be challenged by the defense.

Unreliable Digital or Financial Evidence

As Electronic Evidence develops, such as on-line bank statements and credit card statements, each record will often contain incomplete information, errors and misinterpretations of the facts.

Finally, we will look at the defense of evidence obtained by unlawful search or seizure of evidence such as that found on your phone, computer or in your home. We will discuss the proof needed to win such a defense and look at examples of successful defenses of credit card fraud in Vancouver WA.

Unlawful Search or Seizure

Look for the evidence obtained from phones, computers, homes, cars and other financial accounts that were involved in the case.

Can the evidence be excluded because the State failed to comply with the Constitution or with applicable statutes? Perhaps the only remedy for the detective’s violation of constitutional requirements or of statutes designed to protect your rights is to have the evidence excluded in criminal court or in civil forfeiture proceedings.

As with every case, there is no one defense that applies in every situation and no attorney can guarantee a dismissal or acquittal in every situation.

What to Do If You Get Suspected of Vancouver Credit Card Fraud?

First, you have to recognize that the investigator has a job to do. Even if you are confident that you have not committed credit card fraud, you should be respectful of the investigator’s time and take his or her allegations seriously.

Credit card fraud doesn’t matter how many transactions occurred or how much money was taken, an investigation can uncover other crimes or other transactions. So take it seriously.

You may wish to consult a criminal defense attorney before you answer any accusations of fraud. The attorney can accompany you to your investigation and help you understand your rights during questioning.

Don’t make up a defense and lie to an investigator to try to get them off your back – your making up a false statement in connection with an investigation into your possible commission of a crime (attempting to defraud an investigator) can lead to additional criminal charges.

It is also very important that you preserve all documents that relate to your matter. This includes retaining all receipts, account statements, messages, and emails which may relate to your matter. You should also not destroy any documents which relate to your matter even if they are unfavorable to you.

Keep all investigation comments off of social media. All comments on credit card fraud cases can and will be used against you.

Do not attempt to influence the testimony of another involved party, as such behavior could later serve to increase the severity of your charges or sentence.

Also be sure to keep any official documents that are sent to you including any subpoenas, warrants, court notices or even charging documents.

Make sure to honor all of the requirements of the court as set forth in any subpoena, information, or indictment, and note all of the required court appearances and associated deadlines.

If you were only contacted by investigators and no charges have been filed, you may still have a problem and want to get some advice on how to handle the situation.

Can Credit Card Fraud Charges Be Dismissed?

Credit card fraud is often charged as a crime in cases of alleged fraud. The issue can often be challenged and even in some cases dismissed depending on the facts and the proceedings in your case.

Potential issues may include:

• Lack of sufficient evidence to prove an element of the crime charged.
• Uncertainty about who conducted the transaction.
• Evidence that supports authorization or another lawful explanation.
• Questions concerning the authenticity or proper interpretation of computer generated evidence.
• Evidence obtained in violation of applicable legal protections.
• Procedural or constitutional issues that support a recognized remedy.

Your defense attorney can decide whether to file a motion with the court, try to negotiate with the prosecutor, or prepare your case for trial.

Again, there is no guarantee that the charges will be reduced or dismissed, but it is something that your defense attorney can discuss with the prosecutor as part of negotiating a resolution that is in your best interest.

Can a Person Be Charged with Credit Card Fraud Under Both State and Federal Laws?

Some credit card fraud cases are still heard in the state courts of Washington while others are investigated by the federal authorities. Where the fraud was committed is a big factor in where the case will be heard.

Federal financial-crime investigations can involve agencies such as the FBI or other federal authorities. Federal charges follow different statutes, procedures, and sentencing rules from Washington state charges. If federal agents contact you, or you receive a federal subpoena or target letter, seek advice from an attorney familiar with the relevant federal criminal process.

Note that in many financial crimes, the investigation is conducted by the FBI and other federal agencies, and the charges are brought under a completely different set of statutes, following different rules and with very different sentences than similar Washington state charges.

If a client is contacted by federal agents or receives a federal subpoena or target letter, the attorney needs to be familiar with the federal process as it pertains to that case and advise his client accordingly.

How Can a Credit Card Fraud Lawyer in Vancouver, WA, Help?

A criminal defense attorney can assist you in thoroughly understanding the charges brought against you and work on your behalf in identifying the best options for your case.

Depending on the case, legal representation may involve:

• Reviewing police reports, financial records, and charging documents.
• Reviewing the applicable statute and elements for each alleged offense.
• Investigating questions of identity, authorization, and intent.
• Reviewing electronic evidence and determining what methods the investigators utilized to obtain the information.
• Evaluating potential constitutional or evidentiary challenges.
• Communicating with prosecutors when appropriate.
• Explaining potential resolutions and preparing for court proceedings.

Early legal advice is crucial, whether you are under investigation and do not yet know that charges have been filed or you have been charged. mcaleer Law can help you make informed decisions while the matter is before the court.

Why Contact mcaleer Law About a Credit Card Fraud Investigation?

Whether you are under suspicion of credit card fraud or have been charged, understanding the full nature and extent of the allegations as well as having a solid strategy to defend yourself against the charges are essential to protecting your finances, employment, and good name.

If you have been contacted by police or have been charged with credit card fraud, contact Mcaleer Law for a consultation to discuss your case.