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  1. #1
    Join Date
    Jul 2008
    Posts
    2

    Default Bank Calling Back About Credit Card Fraud, Months After the Fraud

    My question involves criminal law for the state of: New Jersey

    If a credit card was used fraudulently (the physical card itself) to the tune of say $5,000 (at several different stores over the period of several days), the card holder was called by the bank about suspicious activity, card was canceled. The standard fraud forms were sent to the card holder, who signed them, and returned them.

    Now several months later the bank calls back up about the fraud. If they now want a police report, does mean they are going to actively investigate or is it merely a formality? If they are going to go get the video from the cameras does this usually mean the store (let's say big chain stores like Walmart, target, or best buy) security people believe they can catch the suspect based on the images from the tape(s)?

    Will the local police departments likely bother to investigate and/or arrest/prosecute?

    Looking for the best legal assessment of this situation based on these given facts.

    Thanks a lot.
    Thanks.

  2. #2

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    In other words you used the card and then reported it as stolen to get out of paying?

  3. #3
    Join Date
    Jul 2008
    Posts
    2

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    The person appearing on any possible security tapes would not be the card holder. Card holder in this scenario was not in the store using card.

    Hope that is enough detail where someone can help me out w/ my questions.

    Thanks.

  4. #4
    Join Date
    May 2008
    Location
    Louisville, KY
    Posts
    1,877

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    I'm curious as to why the card holder didn't file police reports right away?
    Surely he/she would want the person responsible to be held accountable?
    Right?

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    The two most obvious scenarios:

    1. They want to catch and prosecute the person who used the card - the odds are high that the person using the card is somebody known to the cardholder;

    2. They believe the card holder was a participant in the fraud, and hope to collect evidence establishing that the card holder was a participant.

    Those two possibilities aren't mutually exclusive.

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    There is also the possiblity that the fraudulent user of the card did something really stupid like have something delivered back to the home of the card holder.

    In any case, Yes, they are within their rights to ask for a copy of the police report.

  7. #7
    Join Date
    Apr 2006
    Location
    NW of KSTL
    Posts
    2,554

    Default Re: Bank Calling Back About Credit Card Fraud, Months After the Fraud

    As one who is on the retailing investigator end of things then I have to venture that....

    The institution is very interested in prosecuting upon what they now perceive as resolvable issues, the victimized retailers will be very cooperative in the investigation 'cause, after all, they were victimized too!

    If an affadavit of fraud was "perjured" then that is a seperate, and quite serious, offense.

    Yes, the local po-po will most likely be very interested in aiding and abetting the successful prosecution. BTW, in most states each and every fraudulent use constitutes its own felony charge.....sometimes things are agregated as a common course of criminal conduct so it becomes a 'lump-sum' deal....all depends on the circumstances.

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