Credit Card Fraud in Florida

anonaholic · #1 03-25-2009, 05:32 PM

My question involves criminal law for the state of: Florida

My coworker was talking to me the other day about possible credit card fraud he commited. We work at a shipping and packing retail store that has P.O. Boxes. He said that he was sorting the mail for the P.O. Boxes and noticed a retail store credit card in envelope. It isn't a visa credit card or anything like that... it can only be used at that retail location. He supposedly used the card to buy stuff from the retail store. They never asked for ID he said, he just walked in, picked out what he wanted, then went to the counter they rang up the stuff and he slid the card in the card reader and the transaction completed... he went back a few weeks later and did the same thing... the transactions totalled less than $200. He doesn't have possession of the items he purchased nor reciepts nor anything linking him to the crime. The card owner came into the store and explained to us what had happened and that she had an investigator working the case and that they had gotten video from the retail location of the crime being committed. He is worried that they will catch him, nobody has contacted him, this happened about 2 weeks ago and the purchases were made about 3-4 weeks ago. Can they prosecute him just from the video? He has a petit theft charge that was adjudication witheld about a year ago... What are chances of him being arrested and or prosecuted on this and what possible charges might he face and the consequences of those charges.. he cant afford and attorney because he already has one retained for a domestic battery charge he's in the process of fighting. He has since changed his life and ways of thinking and devoted his life to god and his family. He's really scared and wants to know what to do about this... should he send the card holder the money she lost (even tho the credit card company probably already did this) or should he wait to see if hes even labeled as a suspect.

OhMy · #2 03-25-2009, 06:38 PM

You are failing to realize that THEFT of mail is a federal offense. Once the postal inspectors get the case he will be looking at a lenghty federal prison stay.

This is probably alot more involved then you realize. The amount of the theft from the store is nothing next to what he can be charged with in the federal system. It is also against the law to open someone elses mail without their consent. The DA will forward this to the US post office criminal division after they complete their investigation.

anonaholic · #3 03-25-2009, 06:44 PM

how can they prove that he actually opened the mail? the envelope and card have been destroyed and there is no evidence linking him to it... could he just say he found it in the street?

OhMy · #4 03-25-2009, 06:48 PM

Quoting anonaholic

how can they prove that he actually opened the mail? the envelope and card have been destroyed and there is no evidence linking him to it... could he just say he found it in the street?

He works at the location where the letter was delivered, no??

Do you really think a jury is that dumb?

I have been a criminal investigator for the federal govt for many years. These types of cases are always open and shut.

anonaholic · #5 03-25-2009, 06:57 PM

Yes he works where the letter was addressed to but the postal service is known for losing mail or mis-sorting it... we get other peoples mail every day. as stated... the only thing they have is video of him using the card... is that enough evidence for a court to prosecute him? could he defend that it isn't him and is probably somebody that looks like him? the question at hand was if they can prosecute somebody just from video... or do they have to have other evidence... the defense he has is plausible but what defense does he have against video that is all they have really? can they prove that is actually him in the video? and you didnt answer the question about what charges could be brought up for the credit card and the possible penalties at bay