Financial Card Fraud Offenses

Financial Card Fraud Offenses

Transaction Card / Financial Fraud Offenses

Financial fraud involving transaction card information usually involves sophisticated technology and skill.  In exchange, the defense of these cases must be informed, creative and aggressive.

In Georgia, Financial Transaction Card Theft is defined as (1) taking, obtaining, or receiving a financial transaction card from the person, possession, custody or control of another without the cardholder’s consent; (2) retaining possession of a financial transaction card that one knows to have been lost, mislaid or delivered to him by mistake; or (3) selling or buying the financial transaction card of another.

Financial Transaction Card Forgery is defined as (1) fraudulently making or falsely embossing a purported financial transaction card; (2) falsely encoding, duplicating, or altering existing encoded information on a financial transaction card; or (3) using or signing the financial transaction card of another.

Financial Transaction Card Fraud is defined as using, for the purpose of obtaining anything of value, (1) a financial transaction card that has been forged, altered, expired, revoked, or obtained as a result of a fraudulent application; (2) a financial transaction card account number of a card which has not in fact been issued or which has been forged, altered, expired, revoked, or obtained as a result of a fraudulent application; or (3) any financial transaction card, or financial transaction card account number, without the authorization or permission of the cardholder. A merchant may be charged with this offense if it (1) honors financial transaction cards obtained or retained in violation of the financial transaction card theft statute, or financial transaction cards known to be forged, expired or revoked; or (2) alters a charge ticket or purchase ticket to reflect a larger amount than that approved by the cardholder.

Identity Fraud is defined as unlawfully obtaining or using identifying information of a person for the purpose of accessing the resources of that person or any other, with the intent to appropriate that person’s resources to his own use or to the use of a third party.  It also includes using any counterfeit or fictitious identifying information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.