Credit Card Fraud

Credit cards have been an incredibly common form of payment for Americans for several decades, but technological advances in recent years have also increased the opportunities for people to misuse the cards. When a person is accused of fraudulently using a credit card in Minnesota, it can be a felony offense that may result in a lengthy prison sentence and a significant fine.

As the types of credit card fraud have increased, so too has efforts to catch and punish the alleged offenders. In some cases, innocent people may be accused of this crime when they believed they were acting lawfully and had absolutely no criminal intent.

Lawyer for Credit Card Fraud Defense in Apple Valley, MN

Were you arrested or do you believe that you are under investigation for alleged credit card fraud in the Twin Cities? Do not say anything to authorities without legal counsel. Contact James Blumberg Law right away.

Apple Valley criminal defense attorney James Blumberg helps people accused of all kinds of white collar crimes in various communities in and around Dakota County, including Brooklyn Park, Plymouth, Maple Grove, Blaine, Coon Rapids, Woodbury, Eden Prairie, and several others. Call (952) 431-7758 today to have our lawyer review your case and discuss all of your legal options during a free initial consultation.

Overview of Credit Card Fraud Crimes in Minnesota

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Credit Card Fraud Charges in Dakota County

The crime of credit card fraud is referred to as “financial transaction card fraud” under Minnesota Statute § 609.821. The statute defines a financial transaction card as “any instrument or device, whether known as a credit card, credit plate, charge plate, courtesy card, bank services card, banking card, check guarantee card, debit card, electronic benefit system (EBS) card, electronic benefit transfer (EBT) card, assistance transaction card, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining credit, money, goods, services, public assistance benefits, or anything else of value, and includes the account or identification number or symbol of a financial transaction card.”

A person can be charged with financial transaction card fraud if he or she is accused of doing any of the following:

  • Without the consent of the cardholder, and knowing that the cardholder has not given consent, using or attempting to use a card to obtain the property of another, or a public assistance benefit issued for the use of another;
  • Using or attempting to use a card knowing it to be forged, false, fictitious, or obtained in violation of state law;
  • Selling or transferring a card knowing that the cardholder and issuer have not authorized the person to whom the card is sold or transferred to use the card, or that the card is forged, false, fictitious, or was obtained in violation of state law;
  • Without a legitimate business purpose, and without the consent of the cardholders, receiving or possessing, with intent to use, or with intent to sell or transfer in violation of state law, two or more cards issued in the name of another, or two or more cards knowing the cards to be forged, false, fictitious, or obtained in violation of state law;
  • Being authorized by an issuer to furnish money, goods, services, or anything else of value, knowingly and with an intent to defraud the issuer or the cardholder, either furnishing money, goods, services, or anything else of value upon presentation of a financial transaction card knowing it to be forged, expired, or revoked, or knowing that it is presented by a person without authority to use the card, or representing in writing to the issuer that the person has furnished money, goods, services, or anything else of value which has not in fact been furnished;
  • Upon applying for a financial transaction card to an issuer, or for a public assistance benefit which is distributed by means of a financial transaction card, either knowingly giving a false name or occupation, knowingly and substantially overvaluing assets or substantially undervaluing indebtedness for the purpose of inducing the issuer to issue a financial transaction card, or knowingly making a false statement or representation for the purpose of inducing an issuer to issue a financial transaction card used to obtain a public assistance benefit;
  • With intent to defraud, falsely notifying the issuer or any other person of a theft, loss, disappearance, or nonreceipt of a financial transaction card;
  • Without the consent of the cardholder and knowing that the cardholder has not given consent, falsely altering, making, or signing any written document pertaining to a card transaction to obtain or attempt to obtain the property of another; or
  • Engaging in trafficking of Supplemental Nutrition Assistance Program (SNAP) benefits.

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Credit Card Fraud Penalties in Apple Valley

The possible sentences that can be imposed for financial transaction card fraud convictions depend on the specific type of violation and possibly the alleged offender’s criminal record and the value of the property obtained through the commission of the alleged crime. When an alleged offender is accused of using or attempting to use a card without the consent of the cardholder, using or attempting to use a card he or she knows to be forged, false, fictitious, or obtained in violation of state law, falsely altering, making, or signing any written document pertaining to a card transaction to obtain or attempt to obtain the property of another without the consent of the cardholder, engaging in trafficking of SNAP benefits, or either furnishing money, goods, services, or anything else of value upon presentation of a financial transaction card he or she knows to be forged, expired, or revoked, or knowing that it is presented by a person without authority to use the card, or representing in writing to the issuer that the person has furnished money, goods, services, or anything else of value which has not in fact been furnished, the punishment is based on the value of the property the person obtained or the aggregate amount of the transactions involved in the alleged offense:

  • More Than $35,000 — Up to 20 years in prison and/or a fine of up to $100,000;
  • More Than $2,500, But Not More Than $35,000 — Up to 10 years in prison and/or a fine of up to $20,000;
  • More Than $250, But Not More Than $2,500 — Up to five years in prison and/or a fine of up to $10,000; or
  • Not More Than $250 — Up to one year in jail and/or a fine of up to $3,000. If the alleged offender has been previously convicted of financial transaction card fraud, robbery, burglary, theft, receiving stolen property, or forgery within the preceding five years, then a conviction is punishable by up to five years in prison and/or a fine of up to $10,000.

If an alleged offender is accused of selling or transferring a card he or she knows the cardholder and issuer have not authorized or is forged, false, fictitious, or was obtained in violation of state law, or receiving or possessing two or more cards issued in the name of another, a conviction is punishable by up to three years in prison and/or a fine of up to $5,000.

If an alleged offender is accused of falsely notifying the issuer or any other person of a theft, loss, disappearance, or nonreceipt of a financial transaction card with the intent to defraud or falsely altering, making, or signing any written document pertaining to a card transaction to obtain or attempt to obtain the property of another without the consent of the cardholder and knowing that the cardholder has not given consent, a conviction is punishable by to one year in jail and/or a fine of up to $3,000 if no property, other than the financial transaction card, was obtained by the alleged offender by means of the false statement or false report. If property was obtained by means of the false statement or false report, then the sentence is subject to the same scale based on the value of the property the person obtained or the aggregate amount of the transactions involved listed above.

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Minnesota Resources for Credit Card Fraud Offenses

Identity/Financial Theft Information | City of Apple Valley — The Apple Valley Police Department put together this informational packet that discusses what people should do if they lose their wallets or their credit cards are stolen. You can learn what steps you should take and all the parties you should contact to protect yourself in the event that you are the victim of credit card fraud. The packet includes links to various agencies.

Apple Valley Police Department
7100 147th Street West
Apple Valley, MN 55124
(952) 953-2700

Financial and Retailers Protection Association (FRPA) — FRPA is a Minnesota-based not-for-profit organization “dedicated exclusively to fighting financial and serious retail property crimes.” On this website, you can find links to several federal and state resources as well as view recent fraud alerts from around the Midwest. You can also learn about various FRPA education programs, including in-person classes, webinars, and specialized training.

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James Blumberg Law | Apple Valley Credit Card Fraud Lawyer

If you think that you could be under investigation or you were already arrested in the Minneapolis-St. Paul area for alleged financial transaction card fraud, it will be in your best interest to retain legal counsel before you make any kind of statement to authorities. James Blumberg Law defends clients in communities throughout Ramsey County, Dakota County, Carver County, Hennepin County, Scott County, Anoka County, and Washington County.

James Blumberg is a skilled criminal defense attorney in Apple Valley who represents clients in Bloomington, Minnetonka, Lakeville, Burnsville, St. Cloud, Eagan, and many other surrounding areas. He can provide an honest and thorough evaluation of your case as soon as you call (952) 431-7758 or fill out an online contact form to take advantage of a free, confidential consultation.

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