Fighting Charges of Using Stolen Credit Cards to Purchase Postal Money Orders

Fighting Charges of Using Stolen Credit Cards to Purchase Postal Money Orders

Being accused of using stolen credit cards to buy postal money orders can be scary. You may feel overwhelmed and not know where to start in fighting the charges. This article will walk you through the basics so you can understand your rights and options.

What is Credit Card Fraud?

Credit card fraud refers to the unauthorized use of someone else’s credit card information. This includes:

• Using a stolen credit card to make purchases
• Using someone else’s credit card number without their permission
• Making purchases online with a counterfeit or stolen card number

Purchasing postal money orders with a stolen credit card number would fall under credit card fraud. The specific criminal charges depend on the circumstances of the case.

Applicable Federal Laws

There are several federal laws that prohibit credit card fraud:

• 18 U.S. Code Section 1029 – Fraud related to access devices like credit cards
• 18 U.S. Code Section 1344 – Bank fraud
• 18 U.S. Code Section 1341 – Mail fraud
• 18 U.S. Code Section 1343 – Wire fraud

The penalties for being convicted of these crimes can include fines, restitution, and years in federal prison[1].

Evidence in Credit Card Fraud Cases

To convict someone of credit card fraud, prosecutors need to prove the person knowingly used an unauthorized credit card. Evidence could include:

• Surveillance video
• Eyewitness testimony
• Records showing the stolen card was used to buy money orders
• Records tracking the money orders to the defendant
• Information on devices like computers or phones

For federal charges, the prosecution must also prove the use of interstate wires, mail delivery, or foreign commerce[2].

Possible Defenses

There are several legal defenses that could potentially beat the charges:

• You didn’t know the card was stolen – If you can show you had no reasonable way to know the card was unauthorized, this could defeat charges.
• Misidentification – If you can cast doubt on whether you were the one who actually used the stolen card, this defense may succeed.
• Duress – If you can demonstrate you were somehow forced or coerced into committing the fraud under threat, this could excuse your actions.
• Entrapment – If you can show law enforcement induced you to commit a crime you otherwise wouldn’t have, this may beat the charges.

An experienced criminal defense lawyer can assess the evidence and determine if any of these defenses could apply in your case.

The Dispute Process for Unauthorized Charges

If you believe there has been unauthorized activity on your credit card, you can dispute the charges. Here is the process:

1. Contact your credit card company immediately and report the unauthorized charges. This starts a dispute claim.
2. Follow up in writing with a dispute letter recounting the unauthorized charges. Include copies of statements and any other evidence.
3. The credit card company generally has 30 days to acknowledge your dispute and 90 days to resolve it.
4. While investigating, the company cannot try to collect on the disputed charges.
5. If the charges are ruled unauthorized, you will not be held liable for them[3].

This process is your right under the Fair Credit Billing Act. Carefully going through the dispute process can help remove fraudulent charges from your account.

Your Liability in Credit Card Fraud

Under federal law, your liability for unauthorized credit card charges is limited:

• You are not liable for any unauthorized charges made after you report the card lost or stolen.
• For charges before you report, the maximum liability is $50 per card.
• If you report the loss before any unauthorized charges occur, you are not liable for any subsequent fraud.

These protections come from the Truth in Lending Act and Fair Credit Billing Act[4]. Carefully monitoring statements and promptly reporting unauthorized activity limits your liability.

Getting Legal Help

Facing federal criminal charges is frightening. An experienced defense lawyer can protect your rights at every stage. Look for an attorney who:

• Focuses on federal criminal defense
• Has experience with fraud charges specifically
• Will conduct a thorough investigation of your case
• Can effectively negotiate with prosecutors
• Knows how to present persuasive defenses at trial

With an aggressive legal advocate on your side, you have the best chance at beating these allegations. Don’t go it alone against federal prosecutors – get skilled legal help fighting the charges.

Dealing with the Stress

Being accused of a crime causes immense stress. As you go through the legal process, be sure to:

• Talk to trusted friends and family – don’t isolate yourself.
• Stay active with exercise or hobbies you enjoy.
• Get counseling if you are feeling depressed or overwhelmed.
• Avoid drugs and alcohol as coping mechanisms.
• Practice relaxation techniques like deep breathing, yoga, or meditation.
• Get enough sleep and eat a healthy diet.
• Remind yourself this is only temporary – you can get through this.

Coping with the emotional turmoil takes conscious effort. Don’t hesitate to ask for help from professionals or loved ones. With time and support, you can move past this challenge.

Final Thoughts

Fighting allegations of credit card fraud takes resolve and a smart legal strategy. Learn your rights under consumer protection laws. Understand the charges and penalties you face. Explore defenses with your lawyer. And dispute any unauthorized activity through proper channels. With perseverance and a strong defense, justice can prevail.