Financial Transaction Fraud
My question involves criminal law for the state of: Georgia
A guy that I know gave one of his friends a ride to the bank to with draw some money out of the atm machine. When they pulled up the the bank the guy gave my friend his atm card and pin number. My friend withdrew the money out of the atm machine. About a month later my friend was arrested and charged with financial transaction fraud. Come to find out the card belonged to someone else, whose car supposedly had been broken into. The person whose card it was say that she did not know neither one of the guys. The lady is not even from the same town as the guys. If her car was broken into why didnt she cancel out her credit cards? My question is how would they guy get her pin number if she did not give it to him. Will they actually be able to charge him with transaction fraud even if there was a witness who was also in the car? Why didnt they charge him for breaking into the car if they charged him for making the transaction even though he had a pin number? You cant use someone elses debit or credit card at the atm machine without a pin number.
Re: Financial Transaction Fraud
Oh, come on. Unless the guy's in a wheelchair, if he truly did just hand somebody else his card and say "withdraw some cash, my PIN is 3333", why wouldn't 'your friend' have been suspicious? It's hard to believe your friend wasn't in on it.
If the mystery guy exists and if your friend wants to know how he got the PIN, he can call him up and ask. And he can talk to his lawyer about how he might be able to testify against the mystery guy in return for getting the charge dropped. If the mystery guy doesn't exist, making up a mystery guy who supposedly did everything but take the money out of the ATM machine isn't going to make the charge go away, and he already knows how he got the PIN.
Re: Financial Transaction Fraud
The guy does exist he has actually been arrested and charged with financial transaction fraud. The only reason why my friend was arrested was because they got a picture of him from the bank.The third guy who was in the car is going to go to court as a witness for my friend. Is there a possiblity that my friends charges will be dropped? What should my friend do?