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Credit Card Fraud Solicitors
If you are accused of credit card fraud, it is highly recommended that you seek legal advice from a solicitor experienced in this area of law, as soon as possible.
Credit card fraud cases can be highly complex and having a specialist credit card fraud solicitor on your side from the outset, can make a real difference to the outcome of your case.
A solicitor with the specialist knowledge, expertise and experience in the law surrounding credit card fraud, may even be able to help you to get your case dismissed, before it reaches court.
What is credit card fraud?
In simple terms, credit card fraud is when one person takes another person’s credit (or debit) card details, in order to use this information to make purchases or withdraw funds.
In reality, there are many different types of credit card fraud. As technology evolves, so too do the different types of credit card fraud.
According to Which?, credit card fraud makes up 39% of identity fraud cases in the UK.
What are examples of credit card fraud?
Types of credit card fraud include:
- Skimming – this occurs when one person makes a copy or clone of another person’s card. This is achieved through a swipe machine and could happen when, for example, someone hands over their card to a waiter in a restaurant.
- Lost or stolen credit card fraud – the victim has their card stolen/loses it themselves and then this card is used to pay for goods/steal money from the victim’s account.
- New fraudulent credit card applications – this occurs when one person makes a credit card application in someone else’s name, without the consent of that person
- Credit card fraud with card details – in this case, credit card details, such as a card number and information about the holder, are stolen (often through online databases or phishing emails), then sold to be used remotely. This is known as a ‘card-not-present’ fraud.
If you are accused of any kind of credit card fraud, it is vital to obtain legal advice from an experienced credit card fraud solicitor, as soon as possible. Your solicitor can advise and guide you through the process from an initial interview at the police station, right the way through to court, if necessary.
What is the law on credit card fraud?
In England and Wales, credit card fraud comes under the Fraud Act 2006.
To be charged with credit card fraud under the Fraud Act, the prosecution must prove that the behaviour of the defendant was dishonest. In addition, it must also show that the defendant intended to make a personal gain or to cause loss to another person.
It does not matter whether that person actually lost money or the defendant gained money. It is the intent that is important.
The Fraud Act 2006 deals with various different types of fraud, including:
- Making or supplying articles for use in fraud – such as making devices which take cards when someone tries to withdraw money from a cashpoint
- Fraud by false representation – this could occur when one person uses another’s credit card, without their permission
What is the sentence for credit card fraud?
Credit card fraud is a serious offence and can result in a prison sentence. Typically, the prison sentence will be around four to five years. The sentence can be longer for more serious cases.
In addition to a prison sentence, you could receive a fine and have to pay back the money you took. This could be achieved with a Confiscation Order.
When deciding on a suitable sentence for someone convicted of credit card fraud, the judge will consider factors such as whether the offender has genuine remorse for the crime they committed and whether or not they have any previous convictions.
In some cases, a credit card fraud conviction may not result in a prison sentence. For example, if the credit card fraud was committed with little or no organisation and only involved a small amount of money, the penalty for credit card fraud may not involve a prison sentence. In this scenario, the sentence for credit card fraud could be a community order.
Conversely, if the credit card fraud offender was part of a large group of people who organised a sophisticated credit card fraud system, a long prison sentence may be more appropriate.
If the prosecution takes place under the Theft Act 1968, the prison sentence is a maximum of 7 years.
If the prosecution takes place under the Fraud Act 2006, the prison sentence is a maximum of 10 years.
What are the mitigating factors for credit card fraud which could reduce the sentence?
Mitigating factors are aspects of a case which could mean that a judge will reduce the sentence.
For credit card fraud, the mitigating factors include:
- No previous convictions
- The offender shows remorse for their crime
- The offender previously had a good reputation/character
- The offender was coerced into committing credit card fraud
Pleading guilty can also reduce the sentence for credit card fraud.
Does a credit card fraud conviction go on my criminal record?
Yes, if you are convicted of credit card fraud in court, then this will be visible on your police record/CRB.
How long this will last will depend upon your case.
Why do I need a specialist credit card fraud solicitor?
Whether you were involved in credit card fraud or have been accused of a crime that you did not commit, it is vital that you seek legal advice from specialist credit card fraud solicitors as soon as possible.
If you are asked to attend an interview at the police station or the police invite you in for a ‘chat’ about a credit card fraud investigation, we would highly recommend that you get in touch with an experienced credit card fraud solicitor before talking to the police. This way, your solicitor can support and advise you throughout the process and begin to build a strong defence, before your case progresses to court.
Credit card fraud cases can be complex. Solicitors with knowledge and expertise in this area can manage your case from start to finish and build a robust defence to ensure that you achieve the best possible outcome.
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