Lawyers for Credit Card Fraud
Fraud with payment (credit) cards is one of the most common and rapidly developing financial crimes in the United States. It encompasses a wide range of illegal activities, from simple theft of a physical card to complex international schemes using stolen data. Law enforcement agencies at both the state and federal levels treat these crimes extremely seriously, allocating significant resources for investigation and prosecution.
Accusations of payment card fraud carry severe consequences. If you are faced with such accusations, your future, financial stability, and freedom are at stake. Penalties may include hefty fines, restitution, and, in many cases, lengthy prison sentences.
While many people fall victim to data theft, this article is primarily intended for those on the other side — for those who have been charged. The justice system is complex, and charges of financial crimes require immediate and qualified legal defense. Our firm provides experienced credit card fraud attorneys who understand both the technical nuances of these crimes and the intricate federal legislation.
What is payment card fraud?
In a broad sense, payment card fraud is any unauthorized use of a credit, debit, gift, or other payment card, or the data of such a card, with the purpose of illegally obtaining goods, services, or funds.
Federal legislation of the USA codifies this crime primarily in 18 U.S. Code § 1029 (Fraud and related activity in connection with access devices). This law makes it illegal to knowingly and with intent to defraud produce, use, traffic in, or possess counterfeit access devices or unauthorized access devices.
The term access device is extremely broad. It includes not only the plastic card itself but also the account number, PIN code, security code (CVV), or any other information that can be used to initiate a transaction. This means that to press charges, you don’t even need to have the physical card with you; possession of a list of stolen card numbers is sufficient.
Charges can be brought at both the state and federal levels, depending on the scale of the alleged crime, the amount of damage, and whether the criminal activity crossed state or national borders.
Common types of card fraud in 2025
The methods of fraudsters are constantly evolving, becoming increasingly technologically sophisticated. The prosecution must prove that the accused not only committed the act but also had criminal intent. Understanding the specific type of alleged fraud is crucial for building a defense. A credit card fraud attorney must understand these technologies no worse than the prosecutors.
Law enforcement agencies identify several main categories of this criminal activity. Knowledge of these methods allows our lawyers to identify weaknesses in the digital evidence of the prosecution.
Here are some of the most common forms we encounter:
- Physical theft and application fraud. This is the oldest form: stealing a wallet or mail. The fraudster either uses the found card until it is blocked or, more seriously, uses stolen personal data (for example, an SSN from stolen documents) to submit false applications for new credit cards in the victim’s name;
- Skimming and Shimming. Skimmers are devices secretly installed on ATMs or payment terminals (POS) at gas stations and stores. They copy data from the magnetic stripe of the card. Shimming is a newer version, representing a thin insert in the card reader that intercepts chip (EMV) data during a transaction;
- Fraud Card-Not-Present (CNP). This is the dominant type of fraud. It occurs when stolen card data (number, expiration date, CVV) is used to make purchases online or by phone. Data for CNP fraud is often acquired on the darknet after major data breaches from retailer or bank databases;
- Phishing and Social Engineering. Instead of technological hacking, fraudsters deceive victims into revealing data themselves. These can be emails or SMS (smishing), supposedly from a bank or delivery service, asking to confirm account details via a fake link;
- Chargeback Fraud. This type is also known as friendly fraud. Here, the legitimate cardholder makes a purchase (often online), receives the goods or services, and then unlawfully disputes the transaction with their bank (files a chargeback), claiming they did not make it or did not receive the goods. Although this is often viewed as a dispute between the customer and the seller, if systematic in nature, it can lead to criminal charges for fraud.
Consequences of a Guilty Verdict
Accusations of credit card fraud are not something to be taken lightly. The U.S. legal system provides severe penalties, especially when the case reaches the federal level. An experienced credit card fraud defense attorney first assesses the potential risks for the client.
At the state level, the severity of the crime usually depends on the amount of stolen funds.
- Misdemeanor: If the amount of damage is small (for example, in some states less than $1,000), the charge may be classified as a misdemeanor. Penalties usually include fines, restitution (compensation for the victim’s damages), and possibly a short term of imprisonment in a county jail (up to one year).
- Felony: As soon as the amount of damage exceeds the threshold set by the state, the crime becomes a felony. This entails the risk of imprisonment in state prison for a term of more than one year, large fines, and the status of a felon, which leads to a lifelong loss of certain rights, such as the right to own firearms.
Charges become federal if the alleged crime crosses state borders (which almost always happens with online fraud), uses the U.S. Postal Service (mail fraud) or electronic communication means (wire fraud), or if the amount of damage is very large.
Federal sentences are generally much harsher. Law 18 U.S.C. § 1029 establishes specific penalties:
- Up to 10 years of imprisonment for the use, production, or trade of one or more unauthorized access devices if damage exceeding $1,000 was incurred within a year.
- Up to 15 years of imprisonment for possession of 15 or more counterfeit or unauthorized cards or devices.
- Up to 20 years of imprisonment for possession or trade of equipment for producing counterfeit cards (skimmers, embossers).
To these terms, charges of conspiracy, identity theft under aggravating circumstances, which entails a mandatory consecutive two-year term, and money laundering may be added. The federal system also does not provide for parole, so the convicted person must serve at least 85% of their sentence.
When do INTERPOL and Europol get involved?
Credit card fraud by its nature is global. Data stolen by a hacker in Eastern Europe can be sold on the darknet, purchased by someone in the USA, and used to buy goods in Asia, which are then shipped to South America. This transnational nature requires an international response.
Here, organizations such as INTERPOL and Europol come into play. It is important to understand that INTERPOL is not an international police force; it does not have its own agents conducting arrests. It is a coordinating organization that facilitates the exchange of information between the police forces of member countries.
In cases of card fraud, their role is manifested in:
- Exchange of intelligence: They track international criminal syndicates involved in carding and money laundering.
- Notices: Although Red Notices are more often used for violent crimes, they can be issued to locate and arrest major financial fraudsters awaiting extradition.
- Coordinated operations: A vivid example is the Global Airport Action Days (GAAD). During these operations, INTERPOL, Europol, American agencies (FBI, Secret Service), airlines, and payment systems (Visa, Mastercard) track ticket purchases made with stolen cards in real-time. This leads to the arrest of dozens of passengers directly in airports worldwide as they attempt to board flights purchased fraudulently.
If your case has an international aspect, you need an attorney who understands how extradition requests and international requests for legal assistance work, and how to challenge evidence obtained from abroad.
How our attorneys for protection against card fraud can help
An accusation is not yet a verdict. The prosecution bears the heavy burden of proving your guilt beyond any reasonable doubt. An experienced credit card fraud lawyer uses every available tool to build a solid defense. Our firm approaches each case with the presumption of innocence and a readiness to fight for your rights.
Our defense strategy is multifaceted and adapts to the specific facts of your case. We understand that your life is at stake and begin working immediately. The defense process includes several critically important stages.
Here’s how we can help you:
- Thorough analysis of the case and evidence. We immediately request all available evidence (discovery) from the prosecution. We carefully examine search warrants, digital forensic reports (analysis of IP addresses, data from hard drives), bank statements, surveillance footage, and witness testimonies. We look for procedural errors, violations of your constitutional rights (e.g., unlawful search under the Fourth Amendment), and inconsistencies in testimonies;
- Identifying weaknesses in the prosecution’s case. The prosecution must prove intent. We often build a defense by challenging this specific element. Could you have been unaware that the card was stolen? Were you yourself a victim of deception? In CNP fraud cases (online), it is extremely difficult for the prosecution to prove who exactly was behind the keyboard at the time of the purchase. An IP address is not a person; it can be hidden or spoofed.
- Negotiations with the prosecution. In many cases, our experience and reputation allow us to conduct effective negotiations with the prosecution. We can negotiate the dismissal of some charges, a reduction in their severity (for example, from a felony to a misdemeanor), or the inclusion of the client in a pretrial diversion program, which, upon successful completion, may lead to the complete dismissal of charges. This is especially relevant for individuals with no prior convictions.
- Aggressive representation in court. If the case goes to trial, we are ready for battle. Our attorneys have extensive experience in litigation. We will challenge the admissibility of evidence, cross-examine prosecution witnesses, and present our own experts (e.g., in digital forensics) to prove your innocence to the jury.
Building Your Defense Strategy
Each case is unique. There is no universal protection against fraud.
- Lack of Intent: You did not know that the access device was counterfeit or stolen. Perhaps you thought you had permission to use it, or you yourself were misled.
- Mistaken Identity: You are not the person who committed the crime. This is especially relevant in CNP cases, where the victim might have simply identified the wrong person, or in skimming cases, where surveillance camera images are unclear.
- Duress: You were forced to commit a crime under the threat of violence or harm to you or your loved ones.
- Illegal search and seizure: If the police or federal agents obtained evidence (for example, computers, cards, skimmers) in violation of your Fourth Amendment rights, we will file a motion to exclude this evidence from the case. Without this evidence, the prosecution’s case often falls apart.
Your first step to protection: Contact a lawyer immediately
If you have been contacted by law enforcement agencies, federal agents (FBI, Secret Service), or you suspect that you are under investigation in a credit card fraud case, time is not on your side. Your biggest mistake is trying to simply explain everything to investigators without legal representation. Anything you say can and will be used against you.
You must immediately exercise your right to remain silent and your right to an attorney.
Contact our law firm immediately. We offer a completely confidential consultation to discuss your case. Our experienced credit card fraud defense attorneys are ready to hear your side of the story, analyze the charges, and begin building the reliable defense you deserve. Don’t risk your future. Call us today.
