Credit Card Fraud Lawyer in Oakville

Credit card fraud in a broad sense is using a credit card or credit card information when an accused is not authorized to do so. It can be a type of identity theft where a perpetrator obtains personal information from an unsuspecting party to use their credit card. Credit card fraud can also cause the victim of the fraud not only a financial loss but a risk of destroying their credit score.

Credit card fraud has been on the rise in recent years due to advances in technology and the number of transactions which are completed online. Because of the grave consequences to victims of credit card fraud and the increase in this type of offence, the Crown takes these charges very seriously. If you have been charged with credit card fraud, an experienced criminal lawyer may be able to successfully argue for a lower offence or sentence or fight the charges outright.

Common Types of Credit Card Fraud

To understand credit and debit card fraud, you need to be aware of all the different words used to talk about credit cards, financial institutions, and fraud.

• Card-Not-Present (CNP) Fraud: This type of card fraud does not involve the card being present. The thief may have stolen either the card or the number, but in either case, they use the number for online transactions. “Combatting CNP fraud is now a key priority across the entire e-commerce community and we’re delighted with the strong progress made this year on a framework for mitigating CNP fraud.

• Counterfeit and skimming fraud: A counterfeit card is one that has been scanned, printed, recorded or swiped without the card issuer’s permission. Most cases of counterfeiting involve a process known as ‘skimming’ or cloning, where legitimate data from the magnetic stripe on a card is electronically copied on to another one without the knowledge of the rightful card holder. This is a particularly common problem when it comes to areas of commerce such as restaurants or bars where the cardholders will likely lose sight of their cards when it is swiped to pay for their drinks or meals.

• Lost and stolen card fraud: The next possible type is lost and stolen card fraud. Here, your card will be taken from your possession, either through theft or because you lost it. The criminals who get their hands on it will then use it to make payments. It is difficult to do this through machines, as they will require a pin number.

•  Fake Credit Cards Frauds: This type of fraud, forgery still occurs fortunately, it’s on the decline. Once prevalent in brick-and-mortar stores, holograms and EMV technology have slowed this down tremendously. However, forgery does still happen. And, that’s because there are still merchants out there who have failed to upgrade to the chip reading equipment four years past the mandated time. And, because only some cards use holograms, the lack of consistency leaves store employees confused about which cards are the real deal.
• Application Fraud- Applying for new products, often credit cards, bank accounts, loans, tax rebates using somebody else’s stolen identity and costs the financial sector millions each year. In addition to the financial loss, this type of fraudulent activity can create high levels of brand damage and negative publicity, customer loss and reduced levels of satisfaction.

• Identity theft- Identity theft occurs when someone steals your personal information which can include your name, Social Security number, bank account number, and credit card information often through data mining. Identity theft is a broad term that applies any time someone steals your personal information, such as your Social Security number, and uses it to create a new account, make a purchase or commit other fraud.

Debit Card Fraud or Credit Card Fraud

Debit and credit card fraud occurs when someone uses your card without your permission. Even if a criminal doesn’t have your physical card in hand, they can still make unauthorized transactions with your credit card number, PIN and security code. Someone could even use your card information to try to gain access to your other accounts. Either way, fraudulent activity could potentially hurt your credit in several ways, such as by causing your credit card balances to spike.

Penalties for Credit Card Fraud

For a conviction of Credit Card Fraud, you could be looking at heavy fines, and upwards of 10 years in prison. This will also gain you a criminal record, limiting your ability to travel, find gainful employment, your freedom, and cause damage to your professional reputation.

The Criminal Code of Canada says that the umbrella of credit card fraud includes:

• Theft
• Forgery
• Falsification
• Wrongful possession of other people’s credit cards with intent to commit fraud.
• The usage of equipment or software designed to steal credit card information (such as the PIN number).

Credit card thefts and frauds are codified in the Criminal Code under Section 342 and include both stealing and using the credit card itself (S. 342 (1)) and unauthorized use of credit card data (S. 342 (3)).

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If you are convicted of credit card fraud, the convictions will appear on your criminal history, which is routinely checked by a number of people. Typically employers will conduct criminal background searches on potential employees to screen out some of the applicants.

Since Credit Card Fraud involves moral turpitude and dishonesty, employers tend to not hire people with this type of background.If you have been accused of credit card fraud, it is important to contact an attorney at Oakville Criminal Lawyer immediately.