One of the most common forms of criminal activity in the U.S. is credit card fraud. Data from the FTC's 2019 Sentinel Data Network Report revealed that New Jersey ranked 15th among the states for most acts of identity theft. Credit card fraud is the single largest form of identity theft.
|
2019: Leading Types of Identity-Related Theft & Fraud |
Reported Cases |
|
Involving Credit Cards |
271,823 |
|
Other (miscellaneous) |
215,682 |
|
Involving Loans or Leases |
104,699 |
|
Involving Phones or Utilities |
83,535 |
New Jersey Credit Card Theft Statute (2C:21-6)
Credit card theft offenses are categorized within Chapter 21, which address Forgery and Related Offenses. A credit card is any card of device linked to an account that may be used to purchase goods or services or obtain money. The e-commerce environment that exists today is conducive to fraudulent credit card usage online without physically entering a retail or merchant location. There are various ways that these offenses are committed.
Unlawfully Obtaining a New Credit Card
If someone's key personal identity information such as Social Security number and date of birth are obtained, it is possible to attempt to apply to open a new credit card account. If the perpetrator obtained a newly issued card, they could make purchases and the victim would be unaware of the fraud.
Theft or Acquisition of an Existing Card
A credit card could be stolen, lost or misplaced and then used for purchases without permission of the cardholder. It is unlawful to buy, sell, or otherwise transfer possession of a credit card. If an individual is found to unlawfully possess two or more credit cards, they may be charged with theft regardless of whether they attempt to use the cards.
Creation or Alteration of Credit Cards
Equipment or devices may be capable of producing counterfeit credit cards. This could involve using someone's existing card information and embossing this data on to a new card.
“Skimming” and Fraudulent Card Usage
Devices are capable of capturing and retaining the digitally encoded credit card information stored in the bar or strip of a swiped card. This is known as “skimming.” Having possession of this type of equipment alone constitutes a fourth-degree criminal offense.
Penalties in New Jersey
A third-degree offense in New Jersey is punishable by three to five years of imprisonment and a maximum $15,000 fine. Fourth-degree offenses are punishable by incarceration up to a maximum of 18 months and a maximum $10,000 fine.
Criminal Courts in Cape May County
Cape May County has approximately 16 Municipal Courts at the city or township level. The Municipal Courts in New Jersey have limited jurisdiction, handling only disorderly person offenses, motor vehicle and parking violations, and local ordinance offenses. The more serious criminal cases are heard in the Superior Court at the county level.
Cape May County Courthouse
9 N. Main St.
Cape May Court House, NJ 08210
609-402-0100
New Jersey Defense Lawyer for Credit Card Offenses
Attorney Joseph D. Lento aggressively represents clients that are facing allegations relating to credit card theft or fraud. He will thoroughly review the facts and evidence to formulate a comprehensive strategy of defense. Contact the Lento Law Firm today at (888) 535-3686 for a case evaluation.
