Q: What happens if someone uses a business card for unauthorized personal expenses?
El Paso credit card fraud attorneys defend those accused of credit card fraud on either the state or federal level. With potentially serious penalties upon conviction– including life in prison depending on the court and particular circumstances– having a skilled defense attorney who is board certified in Criminal Law by the Texas Board of Legal Specialization may be the best way to resolve your problem and obtain the most favorable result.
What is credit card fraud?
Credit card fraud is only one type of many possible fraud charges. In general, fraud occurs when someone knowingly or willfully deceives another in order to gain something of value– like money or property– or deprive the victim of a legal right. Credit card fraud or abuse involves the unauthorized use of a credit or debit card or credit information for the purpose of making purchases on or withdrawing funds from the account or obtaining an unlawful financial gain with the intention of avoiding payment.
One of the many common credit card fraud schemes is corporate or company credit card fraud. In this scenario, an employee is charged with improperly using a corporate or company credit or debit card to obtain cash or make purchases for their personal gain.
Recently, a Texas high school swim coach– who reportedly resigned three months earlier while being investigated for mismanagement of the swim program– was indicted for “abuse of official capacity”. He reportedly “used a district-issued cash card to buy $4380.53 worth of food from two local Walmart stores and withdrew another $3200 from an ATM”. The alleged unauthorized transactions reportedly occurred between December 4, 2017 and January 3, 2020.
Are there defenses to credit card fraud charges?
There are a number of valid defenses against credit card fraud depending on the circumstances of each particular case. It’s important to note that fraud requires an intention to deceive.
Some defenses include:
- lack of intention to commit credit card fraud
- lack of knowledge of committing credit card fraud
- coercion into participating in a crime you otherwise wouldn’t have commit
- having the cardholder’s permission to access the account.
If you or a loved one has been charged–or expects to be charged–with credit card fraud or any other fraud, the criminal law experts at the Benjamin Law Firm can help you. Contact us today to schedule a consultation.
From our office in El Paso, we defend clients against a wide range of state and federal criminal statutes in multiple jurisdictions throughout Texas. We will always treat you with dignity and respect, no matter what charges you are facing.