NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can you go to prison for using stolen credit cards
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience defending clients in federal criminal cases. You might know us from the Netflix series about Anna Delvey – or from our work on the Ghislaine Maxwell juror misconduct case. We handle the cases other firms won’t touch.
If you’re reading this, you’re worried about prison time for using stolen credit cards. The short answer – yes, you can go to prison, and federal prosecutors are sending people away for 5 to 15 years right now in 2025. This article explains what you’re actually facing, when credit card fraud becomes a federal crime, and what the government needs to prove to convict you.
Prison Is Real for Credit Card Fraud
Using a stolen credit card isn’t shoplifting. Federal law treats this as serious fraud under 18 U.S.C. § 1029, and the penalties are harsh. You’re looking at up to 10 years in federal prison for basic violations – that includes using someone else’s card to buy things, possessing 15 or more stolen cards, or trafficking in stolen card information. The sentence jumps to 15 years if you’re producing counterfeit cards or using unauthorized access devices to defraud.
In June 2025, a Houston man got over 10 years for a mail theft and credit card fraud scheme. That same month, two men in California were arrested for running a $611 million electronics export operation funded entirely by stolen credit cards and fraud proceeds. These aren’t outlier cases – federal prosecutors are actively pursuing credit card fraud in 2025, they’re winning convictions, and judges are handing down serious time.
The fines hit hard too. You can face up to $250,000 in fines on top of prison time. Then there’s restitution – you’ll owe back every dollar you stole, plus what the banks and victims lost dealing with your fraud. The government will also seize any property you bought with stolen cards under federal forfeiture laws. Your car, your electronics, anything traceable to the fraud – gone.
When Does This Become a Federal Crime
Credit card fraud becomes federal the moment it touches interstate commerce. That’s easier to trigger than you think. Buy something online with a stolen card? Interstate commerce – the transaction crossed state lines. Use a card issued to someone in another state? Federal jurisdiction. The card was issued by a national bank? Federal. Prosecutors don’t need some elaborate multi-state conspiracy, they just need your fraud to affect commerce between states, and that happens with nearly every credit card transaction in 2025.
Federal prosecutors also step in when the amounts get large or when you’re part of a scheme. One person using one stolen card for small purchases might stay in state court – though not always. But if you’re using multiple cards, if you’re buying and reselling merchandise, if you’re part of a group doing this, federal prosecutors will take the case. They have more resources, they have specialized fraud units, and they don’t plea bargain the same way state prosecutors do.
State charges are bad enough – California, New York, Texas all treat credit card fraud as felonies with multi-year prison sentences. But federal charges are worse. Federal sentencing guidelines are rigid, federal judges have less discretion, and federal prison time means serving at least 85% of your sentence. No early release for good behavior like in many state systems. You get 10 years, you’re doing 8 and a half minimum.
What the Government Has to Prove
To convict you under 18 U.S.C. § 1029, federal prosecutors need three elements. First – you knowingly used the stolen card. “Knowingly” means you knew the card wasn’t yours and you weren’t authorized to use it. They don’t need to prove you personally stole the card, just that you knew it was stolen or belonged to someone else when you used it. Finding the card on the ground and deciding to use it? That’s knowing use. Buying card numbers on the dark web? Definitely knowing use.
Second – you acted with intent to defraud. This means you intended to get something of value by deceiving someone about your right to use that card. Every time you swipe a stolen card, you’re representing that you’re authorized to make that purchase. That’s fraud. The government will prove intent through your actions – using the card multiple times, trying to avoid detection, lying to store employees about whose card it is.
Third element – your conduct affected interstate or foreign commerce. Like we covered earlier, this is almost automatic with credit cards in 2025. The card network processes transactions across state lines. The bank that issued the card operates nationally. The online retailer ships from another state. Prosecutors have no problem establishing this element – it’s usually the easiest part of their case.
Here’s what they don’t need to prove – they don’t need to show you stole the card yourself. You can get convicted for using a card someone else stole and gave to you. They don’t need to prove how much financial loss the victim suffered for the basic charge, though larger amounts will increase your sentence. They don’t need to prove you successfully got away with anything – attempting to use the stolen card is enough, even if the transaction was declined.
The Sentencing Reality in 2025
Federal sentencing for credit card fraud follows the guidelines, and those guidelines calculate your offense level based on the loss amount. Under Section 2B1.1 of the sentencing guidelines, fraud cases start at a base offense level, then add points for the dollar amount involved. Small fraud under $6,500 adds minimal points. Fraud between $6,500 and $15,000 adds 2 points. It scales up from there – fraud over $250,000 adds 10 points, over $1.5 million adds 14 points.
Your criminal history matters enormously. First-time offenders with no record get Criminal History Category I. Even with a decent loss amount – say $50,000 in fraudulent charges – you might be looking at 15-21 months under the guidelines. But if you have prior convictions, especially prior fraud or theft convictions, you move up to Category II, III, or higher. Same $50,000 fraud with Criminal History Category III? Now you’re looking at 27-33 months. The guidelines are mathematical – prior record plus loss amount equals your sentencing range.
Judges can depart below the guidelines, but they need reasons. Acceptance of responsibility – admitting what you did, pleading guilty early, showing genuine remorse – gets you a 2-3 level reduction. That can shave months or years off your sentence. Cooperation with prosecutors gets even bigger reductions through a 5K1.1 motion, but cooperation means giving up co-conspirators, testifying against others, helping the government build cases. Not everyone has information valuable enough for substantial assistance departures.
Recent cases show what actually happens. The Kern County woman who ran an $825,000 credit card fraud scheme using stolen healthcare provider identities got 60 months – five years in federal prison. The New York man involved in credit card fraud got five years. The Houston mail theft scheme resulted in over 10 years. These are real 2025 sentences being handed down right now. Federal judges aren’t going easy on credit card fraud, the guidelines push sentences into the multi-year range even for mid-level frauds, and prosecutors are aggressive about seeking the high end of the range.
Why You Need a Federal Defense Attorney Now
The moment you’re under investigation – not even charged yet, just under investigation – you need a lawyer who handles federal cases. At Spodek Law Group, we’ve represented clients in federal fraud cases for decades, many, many, years of experience dealing with Secret Service agents and DOJ prosecutors who investigate credit card fraud. These cases are different from state cases. The prosecutors are more experienced, the agents are better trained, and the stakes are higher.
Early intervention changes outcomes. If we get involved before charges are filed, we can sometimes convince prosecutors not to charge at all – showing them the evidence doesn’t support their theory, demonstrating that our client’s involvement was minimal, negotiating a pre-charge resolution that keeps you out of federal court entirely. Once charges are filed, we’re looking at plea negotiations, guideline calculations, mitigation evidence for sentencing. Federal cases move fast, and decisions you make early – like whether to talk to agents, whether to accept a plea offer, whether to go to trial – shape everything that comes after.
Our approach is hands-on. We’ve handled cases that others said were unwinnable – that’s why clients choose us. Todd Spodek, our managing partner, is a second-generation criminal defense lawyer who’s been in courtrooms since he worked at his father’s law firm as a child. We’re available 24/7 because federal investigations don’t keep business hours – agents show up at 6 AM with search warrants, or the Secret Service calls demanding an interview by end of day. We take those calls, we’re there for those interviews, we protect you from making statements that will be used against you later.
Federal credit card fraud cases in 2025 are serious. Prison time is real – 5 years, 10 years, 15 years for large schemes. The government has sophisticated tools to track fraudulent transactions, they cooperate with banks and credit card companies who want these cases prosecuted, and they’re winning convictions. If you’re facing charges or under investigation, call us. We know what works in federal court – not because we have good relationships with prosecutors, but because we understand the law, we know the guidelines, and we fight for outcomes that give you your life back.