Will I go to jail for Unauthorized Charges ?

By max@dotcomlawyermarketing.com
August 9, 2024
7 min read
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Will I Go to Jail for Unauthorized Charges?

Understanding Unauthorized Charges

At Spodek Law Group, we understand the stress and anxiety that comes with discovering unauthorized charges on your bank or credit card statements. These charges, made without your knowledge or consent, can range from small purchases to significant amounts that drain your accounts. If you find yourself in this alarming situation, our experienced attorneys are here to help guide you through the legal process and protect your rights.

What Are Unauthorized Charges?

Unauthorized charges refer to any transactions made on your accounts without your permission. This can include purchases, withdrawals, or transfers initiated by someone other than you, the account holder. These charges may occur due to various reasons, such as:
  • Identity theft
  • Fraudulent transactions
  • Mistakes made by merchants or financial institutions
  • Hacking or data breaches
Regardless of the cause, unauthorized charges can have serious financial consequences and may even lead to criminal charges if not addressed promptly and properly.

How Do Unauthorized Charges Occur?

There are several ways that unauthorized charges can appear on your accounts:
  1. Stolen credit or debit card information: Thieves can obtain your card details through skimming devices, hacking online databases, or simply stealing your physical card. They then use this information to make fraudulent purchases.
  2. Phishing scams: Scammers may send emails or texts posing as legitimate companies or financial institutions, tricking you into revealing sensitive information like account numbers and passwords.
  3. Malware and viruses: Hackers can infect your computer or mobile device with malicious software designed to steal your financial data and make unauthorized transactions.
  4. Insider fraud: In some cases, employees of businesses or financial institutions may abuse their access to customer information and make unauthorized charges.
  5. Merchant errors: Sometimes, honest mistakes by merchants, such as double-charging or incorrect billing, can result in unauthorized charges on your accounts.

Legal Consequences of Unauthorized Charges

When unauthorized charges occur, the question on many people's minds is, "Will I go to jail for this?" The answer depends on several factors, including the nature of the charges, the amount involved, and whether you are the victim or the perpetrator.

Criminal Charges for Unauthorized Transactions

If you are the victim of unauthorized charges, you generally do not need to worry about facing criminal charges. However, if you are the one making unauthorized charges on someone else's account, you could be subject to serious criminal penalties.Depending on the circumstances and the laws of your state, unauthorized charges may be prosecuted as various crimes, such as:
  • Theft: Taking someone else's money or property without their consent is considered theft. Depending on the amount stolen, this could be charged as petty theft, grand theft, or even embezzlement.
  • Fraud: Making unauthorized charges often involves some form of deception or misrepresentation, which may constitute fraud. This can include credit card fraud, wire fraud, or identity theft.
  • Computer crimes: If unauthorized charges involve hacking, malware, or other computer-related offenses, additional charges under state or federal computer crime laws may apply.
The specific charges and potential penalties will vary based on the facts of your case and the applicable laws. In general, however, conviction for these crimes can result in:
  • Fines
  • Restitution to the victim
  • Probation
  • Jail or prison time
The severity of the consequences often depends on factors such as:
  • The amount of money involved
  • The number of victims
  • The sophistication of the scheme
  • The defendant's criminal history

Civil Liability for Unauthorized Charges

In addition to criminal charges, those responsible for making unauthorized charges may also face civil liability. This means that the victim can sue the perpetrator in civil court to recover their losses and seek additional damages.Civil lawsuits related to unauthorized charges may allege causes of action such as:
  • Conversion
  • Breach of contract
  • Unjust enrichment
  • Violation of consumer protection laws
If successful, the plaintiff (victim) may be awarded:
  • Actual damages (the amount of money lost due to the unauthorized charges)
  • Punitive damages (intended to punish the defendant and deter future misconduct)
  • Attorney's fees and court costs
It's important to note that even if criminal charges are not pursued, the perpetrator may still be held civilly liable for their actions.

Protecting Yourself from Unauthorized Charges

At Spodek Law Group, we believe that prevention is the best defense against unauthorized charges. By taking proactive steps to safeguard your financial information, you can reduce the risk of falling victim to these crimes.

Monitor Your Accounts Regularly

One of the most effective ways to catch unauthorized charges early is to regularly review your bank and credit card statements. Look for any transactions that you don't recognize or that seem suspicious. If you spot any unauthorized charges, report them to your financial institution immediately.Many banks and credit card companies offer online and mobile access to your accounts, making it easy to check your transactions frequently. Some also provide alerts or notifications for unusual activity, helping you stay on top of your finances.

Use Strong, Unique Passwords

When creating passwords for your online financial accounts, use a combination of upper and lowercase letters, numbers, and special characters. Avoid using easily guessable information like birthdays or names of family members. Most importantly, use a different password for each account to minimize the damage if one password is compromised.Consider using a reputable password manager to generate and store complex passwords securely.

Be Cautious About Sharing Information

Be wary of unsolicited requests for your personal or financial information, whether by phone, email, or text message. Legitimate companies will never ask you to provide sensitive data through these channels.If you receive a suspicious request, do not reply or click on any links. Instead, contact the company directly using a trusted phone number or website to verify the request's authenticity.

Use Secure Networks and Devices

When accessing your financial accounts online, always use a secure, private network. Avoid conducting sensitive transactions on public Wi-Fi networks, as these are more vulnerable to hacking and interception.Keep your computer and mobile devices updated with the latest security software and patches to protect against malware and viruses. Consider enabling two-factor authentication for an extra layer of security on your accounts.

Act Quickly If You Suspect Unauthorized Charges

If you believe that you've been a victim of unauthorized charges, time is of the essence. Contact your bank or credit card issuer immediately to report the suspicious activity. They can help you cancel your cards, dispute the charges, and take steps to prevent further unauthorized transactions.You should also file a police report and consider placing a fraud alert or security freeze on your credit reports to prevent the opening of new accounts in your name.

How Spodek Law Group Can Help

At Spodek Law Group, our experienced attorneys understand the stress and confusion that come with discovering unauthorized charges on your accounts. We're here to provide the legal guidance and support you need during this challenging time.If you're facing criminal charges related to unauthorized transactions, our skilled criminal defense lawyers will work tirelessly to protect your rights and build a strong defense on your behalf. We'll thoroughly investigate the circumstances surrounding the charges, challenge any weak evidence, and advocate for the best possible outcome in your case.For victims of unauthorized charges, our consumer protection attorneys can help you navigate the process of disputing the charges and seeking reimbursement from your financial institution. We can also advise you on your options for pursuing civil legal action against the perpetrator to recover your losses and hold them accountable.No matter what side of unauthorized charges you find yourself on, Spodek Law Group is here to help. With our extensive knowledge of criminal and consumer protection laws, we'll provide the personalized attention and aggressive representation you need to move forward with confidence.

Contact Us Today

If you or a loved one is dealing with unauthorized charges, don't wait to seek legal help. Contact Spodek Law Group today at 212-300-5196 or visit our website at https://www.federallawyers.com to schedule a consultation with one of our experienced attorneys.We understand that facing unauthorized charges can be overwhelming, but remember - you don't have to go through this alone. Let us put our skills and dedication to work for you and help you find the resolution you deserve. Call now and take the first step towards protecting your rights and your financial future.

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Todd Spodek

About the Author

Todd Spodek, Managing Partner

Todd Spodek is the Managing Partner of Spodek Law Group, a premier NYC law firm specializing in divorce, family law, and criminal defense. Featured in Netflix's "Inventing Anna," Todd brings over 48 years of combined legal experience to every case. Known for his strategic approach and dedication to clients, he has successfully handled thousands of complex legal matters throughout New York.

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