[phenoix2003]

I am posting this in hopes of getting some advice.

My fiance is currently incarcerated and a few weeks ago we decided to try to sign him up for a credit card online, just to see if it would work. And he was approved! Well the card came last week, and he wanted me to try to send 300 via western union to myself with it, online. So I tried to do it and it said that he needed to call western union to complete the transaction. Well, I called and told them I was his fiance and that he had asked me to call because he was out of town and his cell phone was out of minutes, and the lady told me HE had to call in order to complete the thing. I had one of my friends call in, from another state, and she made her voice masculine and pretended to be my fiance. She spoke to the same lady I did and the lady first asked her if she was a Pisces, and when my friend said we're not into astrology, the lady said she was going to pull the credit report. Well my friend got disconnected from her, and the lady called her back saying that she was looking at my guy's credit history and that there is no job history on it and that in order to do a western union money would have to be brought into an actual western union store.

I told my fiance this, and he said well, try MoneyGram. So I did....only this time, it wouldn't even let me try to do a transaction. As soon as I signed up for an account for him it said that the account was suspended, and to all Moneygram to finish setting it up. I called, and per my fiance asking me to, tried my best to have a deep voice and answer the agent's questions. She said they didnt have enough information to verify my identity and that she'd send me an email saying what needed to be done in order to do a transaction. The email said to fax in a copy of an ID and something showing my fiance's name and billing address.

After that.....my guy said to try one more thing, which I did. It's an online game place, and it actually let me put 200 on it. Not more than an hour later I got a call on my cellphone from a number I didn't recognize, so I didn't answer. When I looked it up online it said it's Bank of America's fraud department. With my fiance on my home phone telling me to call them, I called them from my cell and made my voice deep again, and the guy I got asked for my name and card number, and I told him. And he said "so, you're calling in for Joe Smith then?" And I said no, I am Joe Smith. He said, "riiiiiight" in a sarcastic tone, then asked if I could provide valid identification. I said I could and he said until then, the card couldn't be used.

Now here are my/my fiance's questions:

1. Should I call them and explain to the card company that my fiance is in prison and that he gave me authority to sign him up for the card because he gets out in just about a year and would like to build his credit up some?

2. Would this be considered "fraud"? Can I or can my fiance get into trouble because of this? I was just helping him fill out the application...we weren't trying to do anything bad. We wanted to build up his credit history for when he comes home. Had there been a place for a co-applicant, we would have put myself down. If it is considered to be fraud, what are the chances that the card company will come after me or him?

3. My fiance thinks that when my friend called WesternUnion, that's what set the whole thing off. Do you think that's the case, or do you think the card company knew he was in prison even when the application was filled out?

4. I put my cell phone as a contact, if the place tries to call should I answer it and explain everything, or just not answer at all?

5. What do you guys think I should do? I am really worried about all of this! After talking to one of my good friends about it, we have decided to cut the card in half and send it along with a money order for the 200 on Friday when I get paid, along with a note saying to please close the account. Does anybody on here have any other ideas of what I should do? We weren't trying to "steal" from the card company or anything like that, had that been the case he probably would've asked me to try to westernunion it all to myself. We were going to use a little, pay it off completely each month, and build up his credit so he has a decent credit history when he gets out (he went in when he was very young, and had no credit history at all).

Are there any attorneys or lawyers on here that might have an opinion as to what I should do? Any advice would be very much appreciated!

Thank you!!

[Mr. Knowitall]

Let me get this straight - you fraudulently applied for a credit card in your fiancé's name, and in all likelihood lied about his income and employment on the application. You then repeatedly tried to get cash and, when that failed, had a friend fraudulently misrepresent himself to the credit card company as your fiancé. When you still couldn't get money you tried to use the credit card to gamble online.

Are you actually surprised that this was handed off to the credit card company's fraud department?

Definitely pay off the balance of the card, ASAP.

I would suggest not talking to the bank. If the police call, get a lawyer before you talk to them (or exercise your right to remain silent).

[LawResearcherMissy]

Ditto everything that Mr. Knowitall said.

My fiance thinks that when my friend called WesternUnion, that's what set the whole thing off. Do you think that's the case, or do you think the card company knew he was in prison even when the application was filled out?

No. They didn't know.

The requirement to call Western Union to complete certain transactions - such as when you complete an online transfer for the first time - is disclosed on their website and is a security measure to keep people from pulling the same stunt you did.

I have to call them every month to complete my mortgage payment, and I'm glad for that extra security.

[Canadiangirl]

Do not explain any of those things to the bank, to Western Union, MoneyGram, the police, etc., because you could get in serious trouble. You may say that you got permission, but informally, and from a guy who was not supposed to get a card. Do pay the balance and any fees, for example. After all, their main concern is getting paid. But do not explain your situation even if you do pay.

I am not saying that you should have done that, because it would still amount to using the card, but why didn't you just buy whatever you wanted online in a way that does not raise suspicion (for instance, by making sure the address and card number are right) from companies that don't call or ask for ID if their address verification system says it's OK? Or get a cash advance? Or get the money through PayPal, if you have access to the required ID?

For instance, PayPal would verify cards by making a small transaction and having you enter a code found on the statement, or the exact amount (I think it's an amount for bank accounts and a code for credit cards). Or they would verify addresses by calling or mailing you (you would have to enter some code, and the call is placed by some automated system, so you don't talk to them, just enter the code). If you are to commit fraud, even technically, at least do it smartly.

[cissycicle]

If you are to commit fraud, even technically, at least do it smartly.

So, that's your advice?

[LAWFULMOODZ]

All you had to do was get an additional card in your name.

[cyjeff]

Of course, the really interesting part is that the fiance managed to TRASH the credit history of the incarcerated person.