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Possible Charge for Credit Card Fraud

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  • 07-09-2009, 07:56 AM
    stiner
    Possible Charge for Credit Card Fraud
    My question involves criminal law for the state of: Georgia

    Need some assistance on a trouble my friend has gotten themselves into.
    This person has not been charged with anything as yet but found out that there could be a possible investigation against them.

    Here is the scenario:
    My friend lent their laptop and data card to friend that apparently made some fraudulent charges using a credit card in buying items that could be used for illegal activities from an online store. My friend believes the original owner of the credit card or the CC company has filed a report to the police regarding fraudulent use and theft of the credit card. My friend found this out after hearing about the transaction from multiple sources and putting everything together.

    My friend has already contacted their lawyer but my question is could they be charged with the crime knowing that it was their laptop/data card that was used and also that they knew who did it?

    I have told my friend that not reporting it to the police is as bad as doing the crime themselves but they said they were not there when the person used the laptop and have not confronted the person to confirm if what they did at the time was the crime that is being investigated but they have a good feeling that it was.


    If anyone can point to any previous cases that both parties were charged with the same crime? I have been reading up on O.C.G.A. Section 16-9-33 and O.C.G.A. Section 16-9-39 regarding the penalties but worried my friend could face charges even though they did not do the crime.


    Let me know if I need to elaborate on any part and I can try to the best of my knowledge.

    Forgot to add my friend's reasoning of not saying anything is that they do not want to incriminate themselves incase nothing comes of the investigation and even if they are able to trace the transaction back to the data card. Although I have told my friend the ISP would have those logs.

    I also saw this from: http://en.wikipedia.org/wiki/Credit_...lder_liability
    Quote:

    [edit] Detection and Punishment
    In the US, people that commit credit card crime largely go unpunished and repeatedly victimize consumers and businesses.[citation needed] The Secret Service handles crimes involving the U.S. money supply; they have a limit of $150,000 before investigating each crime.[citation needed] Most credit card criminals know this and keep purchases from any one business below $150,000. Credit card fraud can be reported to the Federal Trade Commission (FTC) and to local and regional authorities. It is the standing policy of the FTC not to investigate reports where the value of fraud does not exceed $2,000. Local law enforcement may or may not further investigate a credit card fraud, depending on the amount, type of fraud, and where the fraud originated from.

    Not sure how much truth is in the above statement, my friend said the fraudulent charges might be anywhere from $1500 to $2500. Crossing fingers that they do not investigate further.
  • 07-11-2009, 08:56 AM
    Mr. Knowitall
    Re: Possible Charge with Credit Card Fraud
    We don't have the full facts, so we can't even begin to guess what might happen in the future. Frankly, if your friend was able to figure out merely from the fact that he lent the other person a computer and this "data card", it sounds like he's involved in the crime.
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