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Credit Card Fraud

Defrauding a seller, credit card holder, the credit card company, or using a credit card without authorization is a crime in Colorado. The phrase credit card fraud is an umbrella term in Colorado for a number of different offenses in Ohio involving credit or debit card information. The penalties for these crimes can be very serious and can result in a felony, which means time in prison.

Facing credit card fraud charges alone is never a good idea. These types of crimes will often require extensive knowledge on financial institutions and devices. That is why if you or someone you know has been arrested for credit card fraud, we urge you to get in contact with a financial crimes attorney as soon as possible.

Credit Card Fraud Defense Lawyer in Denver, Colorado

Have you been accused of credit card fraud in Colorado? If so, get in contact with Law Office of Matthew A. Martin, P.C.. The knowledgeable and experienced Matthew Martin has years of experience defending clients from white collar crimes. His diverse trial experience plus his years served as a prosecutor gives attorney Martin a unique perspective that’s valuable when fighting against economic crimes.

You can schedule your first consultation with attorney Martin free by calling our number at (303) 725-0017. Law Office of Matthew A. Martin, P.C. has offices in Denver but accepts clients throughout the greater Denver area including Douglas County, Jefferson County, Boulder County, Broomfield County, Adams County, and Arapahoe County.

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What Constitutes as Credit Card Fraud in Colorado?

Any act of or attempt to defraud a seller, credit card company, or credit card holder with an unauthorized credit or debit card is fraud. Credit card fraud usually will involve obtaining a credit card in another’s name, using a stolen card, or even possessing a lost or mistakenly delivered credit card. This type of fraud includes several Colorado offenses including:

  • Unauthorized Use of a Financial Device
  • Purchase on Credit to Defraud
  • Criminal Possession of a Financial Device

Take note, a “financial device” under Colorado law is any instrument or device used to obtain cash, credit, services, or any other thing of value or to make payments.


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Unauthorized Use of a Financial Device

When another person’s credit or debit card is used without their authorization it’s known as unauthorized use of a financial device under Colorado law. The crime can be found under section 18-5-702 of the Colorado Revised Statutes, which state a person commits the crime if they’ve done the following:

  • Used another’s financial device (credit or debit card) with the intent to defraud
  • Used the financial device of another to obtain cash, property, services, or credit
  • Made a financial payment using the financial device of another

Listed below is a chart detailing the penalties for using a financial device without authorization.

Value Defrauded Offense Type Punishment
Less than $50 Class 1 Petty Offense Up to 6 months in jail and a fine of up to $500
$50 or more but less than $300 Class 3 Misdemeanor Up to 6 months in jail and a fine of up to $750
$300 or more but less than $750 Class 2 Misdemeanor Up to 12 months in jail and a fine of up to $1,000
$750 or more but less than $2,000 Class 1 Misdemeanor Up to 18 months in jail and a fine of up to $5,000
$2,000 or more but less than $5,000 Class 6 Felony Up to 18 months in jail and a fine of up to $100,000
$5,000 or more but less than $20,000 Class 5 Felony Up to 3 years in prison and a fine of up to $100,000
$20,000 or more but less than $100,000 Class 4 Felony Up to 6 years in prison and a fine of up to $500,000
$100,000 or more but less than $1 million Class 3 Felony Up to to 12 years in prison and a fine of up to $750,000
$1 million or more Class 2 Felony Up to 24 years in prison and a fine of up to $1,000,000

 


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Criminal Possession of a Financial Device

While similar to unauthorized use of a credit card, criminal possession of a credit card involves lost, stolen, or cards delivered by mistake. If you find a lost card or a card is mistakenly delivered to your address, using it could result in a charge of criminal possession of a financial device. The best way to avoid criminal charges after finding a lost credit card is to contact the bank provider and return it to the original location.

Criminal possession of a credit or debit card is a class 1 misdemeanor punishable by:

  • Up to 18 months in jail
  • A fine of up to $5,000

Possessing two or more credit or debit cards is a felony under Colorado law. A conviction will result in a class 6 felony, which is punishable by:

  • Up to 18 months in prison
  • A fine of up to $100,000
  • Mandatory parole for one year

If you’re found in possession of four or more financial devices, then you’ll instead face a class 5 felony. The punishment for a class 5 felony includes:

  • Up to 3 years in prison
  • A fine of up to $100,000
  • Mandatory parole for two years

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Purchase on Credit to Defraud

It’s illegal to use a credit or debit card to purchase any personal property on credit and afterwards, before paying for it, sells, hypothecates, pledges or disposes of it, with the intent to defraud the seller or vendor. This type of offense is referred to as purchase on credit to defraud and can result in very serious penalties.

A conviction for purchase on credit to defraud is a class 2 misdemeanor, which is punishable by:

  • Up to 12 months in jail
  • A fine of up to $1,000

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Additional Resources

Fraud Laws in Colorado | CRS – Visit the official website for the Colorado Revised Statutes to learn more about their laws pertaining to fraud and financial institutions in the state. Access the site to learn more about fraud involving business practices, impersonation, forgery, or bribery.

Identity Theft Assistance | Denver DA – Visit the official website for the Denver District Attorney’s office to learn more about identity theft, a common crime associated with credit card fraud. Access the site to learn how to file a complaint, steps to take after learning your identity has been stolen, resources, and answers to your frequently asked questions.


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White Collar Crime Attorney for Credit Card Crimes in Denver, Colorado

If you or someone you know has been charged with a credit card-related crime, then we urge you to contact Law Office of Matthew A. Martin, P.C.. Our legal team at Law Office of Matthew A. Martin, P.C. will take the time to review the facts of the case, inform you of your legal options, and then begin to build an effective defense plan immediately. Matthew Martin, our managing attorney, has over two decades of experience he can draw back on for your case. Contact Law Office of Matthew A. Martin, P.C. today to get started on fighting your charges.

Call Law Office of Matthew A. Martin, P.C. now at (303) 725-0017 to set up your first consultation.