[angelchick]

so my friend got one credit card number through unknown source, lets say he memorized the 16 digits and the name and blah blah just by looking at it..
and she used it online for goods (800-1000)value. It didn't go through (the item was shipped back) meaning no money was actually lost. but the victim suspected him. so the victim filed a police report and hes listed as a suspect. he didn't use his computer to buy the goods(he used public library) but he did log in to the account using his computer at home.
what are the chances of him getting caught, and whats the consequences if he has a clean record.

[4eyedbuzzard]

He or she, which is it?

Heshe logged onto and placed the order/made the purchase using the CC to pay the merchant from the public library computer, and then logged onto the same merchant's account from their home computer? Did this all happen within the US?

If you answered yes, yes...A real good chance of getting caught.

You care to elaborate a little more, like tell the whole story?

[angelchick]

yes this happened in the US. its a he.
so he went online and bought the goods. and then it didn't go through. but the victim suspected him( i dont know why) but they don't have proof. he did not ship the goods to his house and he didnt use his name. but he did log in to the account at home.

what if he cancels his cable and get a new one?

[4eyedbuzzard]

His logon from both the library and home computer can be traced from the existing logs. The merchant in this case would generally capture/log the IP from the logon/transaction at the library and the logon to the account from the home computer. His ISP has a log of the IP number assigned to his home account and also possibly what websites(IP numbers) he has visited(as does the library's ISP for what it's worth). The ISP(s) then provide the police with the physical address of both the library and the home computer and all the related info.

It's called wire fraud 18 USC 1343 http://assembler.law.cornell.edu/usc...3----000-.html

and identity theft, and a few others.

Nothing he can do now to cover his tracks. He can hope that the police don't pursue it and/or hope for a judge that doesn't throw the book at him.

Smarter crooks, like the one that tried to use my CC, use anonymous proxy servers to hide their IP address, but in my case the merchant checked the billing address of the CC, refused to ship to an address that wasn't the billing address, and notified me and the CC company.

[FlyinHawk®]

Out of curiosity where was he planning to have his stolen items shipped?

[angelchick]

His logon from both the library and home computer can be traced from the existing logs. The merchant in this case would generally capture/log the IP from the logon/transaction at the library and the logon to the account from the home computer. His ISP has a log of the IP number assigned to his home account and also possibly what websites(IP numbers) he has visited(as does the library's ISP for what it's worth). The ISP(s) then provide the police with the physical address of both the library and the home computer and all the related info.

It's called wire fraud 18 USC 1343 http://assembler.law.cornell.edu/usc...3----000-.html

and identity theft, and a few others.

Nothing he can do now to cover his tracks. He can hope that the police don't pursue it and/or hope for a judge that doesn't throw the book at him.

Smarter crooks, like the one that tried to use my CC, use anonymous proxy servers to hide their IP address, but in my case the merchant checked the billing address of the CC, refused to ship to an address that wasn't the billing address, and notified me and the CC company.

what are the chances that the police will not pursue it... and if convicted how great are the penalties. considering he has a clean record and is in college.
if contacted by police, its better for him to deny or just plea

[4eyedbuzzard]

If contacted by the police he should say nothing and lawyer-up. Any deals that are offered by police and that don't come directly from the prosecutor aren't to be believed anyway. He can cooperate fully just as well with his lawyer present. Only the prosecutor can offer and accept a plea deal, and even those have to be approved by a judge. A lawyer can better determine what evidence they have and advise him on how to proceed.

You didn't say when this happened and it takes some time to get all the info from the merchant and especially from the ISP's. If(most do, but not all) the merchant has the account activity and IP's logged regarding the two connection events to the account, and the one leads to his home by IP data supplied by the ISP, it's certainly enough evidence to bring charges he was the person in that house with access to the internet connection that committed the act. The police may also seize the home computer(s) as evidence and analyze it if they think it will strengthen their case - as long as a judge agrees and issues a warrant.

Now, realistically, this is neither a huge financial crime nor is it a violent one, and police and prosecutor's office resources are always under pressure. Like any financial or tech crime it's a time consuming investigation that not just anyone can handlle. BUT, merchants, consumers, and public policy holds that internet crime is bad for e-commerce, so there is a lot of pressure to prosecute as many of these cases as possible. So the question becomes "how far do they pursue it"? And the crystal ball, as usual, is silent.

The benefit of having an attorney here is in challenging the admissibility of evidence, the validity of that evidence, police procedure, raising doubt about whether it was beyond reasonable doubt that it was him on the computer if at all possible, perhaps negotiating a plea to a reduced charge and in asking that sentencing take into account his past clean record.

[angelchick]

thanks for the information! its very helpful. will he go to jail if convicted?