A person who possesses, steals, receives, or uses the credit card or debit card of another person in Nevada can face criminal fraud charges. These offenses are often felony charges that carry the possibility of significant incarceration, fines, and possible restitution.
While these white-collar crime allegations are very serious, it can be possible to get the charges reduced or even dismissed if the accused person never had the intent to defraud. A skilled criminal defense attorney can challenge the evidence in these cases and make it very difficult for a prosecutor to prove his or her case beyond a reasonable doubt.
If you are facing fraud charges relating to the use of credit or debit cards, it is critical for you to immediately seek legal representation. The Law Office of Joel M. Mann represents clients throughout Clark County who have been accused of white-collar crime.
Joel Mann helps people in Nevada who are facing both misdemeanor and felony charges. He will review your case and help you understand your legal options when you call (702) 474-6266 to schedule a free, confidential consultation.
Credit Card Fraud Charges in Nevada
Several Nevada statutes criminalize credit card and debit card fraud, including the following:
- False statement to procure issuance of credit card or debit card (Nevada Revised Statute § 205.680) — Gross misdemeanor if you, for the purpose of procuring the issuance of a credit card or debit card, make or cause to be made, either directly or indirectly, any false statement in writing, knowing it to be false, with the intent that it be relied on respecting his or her identity or financial condition or the identity or financial condition of any other person, firm or corporation.
- Obtaining or possessing credit card or debit card, or identifying description of credit card, credit account or debit card without the consent of cardholder (Nevada Revised Statute § 205.690) — Category D felony if you:
- Steal, take or remove a credit card or debit card from the person, possession, custody, or control of another without the cardholder’s consent or, with the knowledge that a credit card or debit card has been so taken, removed, or stolen receive the credit card or debit card with the intent to circulate, use or sell it or to transfer it to a person other than the issuer or the cardholder.
- Possess a credit card or debit card without the consent of the cardholder and with the intent to circulate, use, sell or transfer the credit card or debit card with the intent to defraud.
- Have in your possession or under your control two or more credit cards or debit cards issued in the name of another person, you are presumed to have obtained and to possess the credit cards or debit cards with the knowledge that they have been stolen and with the intent to circulate, use, sell or transfer them with the intent to defraud.
- Sale or purchase of credit card or debit card, or identifying description of credit card, debit card, or credit account (Nevada Revised Statute § 205.710) — Category D felony if you are not the issuer and either:
- Sell a credit card or debit card or the number or other identifying physical or electronic description of a credit card, debit card, or credit account.
- Buy a credit card, debit card, or the number or other identifying physical or electronic description of a credit card, debit card, or credit account from a person other than the issuer.
- Obtaining control of credit card or debit card as security for debt (Nevada Revised Statute § 205.720) — Category D felony if you, with the intent to defraud, obtain control over a credit card or debit card as security for a debt.
- Forgery of credit card or debit card (Nevada Revised Statute § 205.740) — Category D felony if you either possess two or more credit cards or debit cards that are falsely made or falsely embossed or you, with the intent to defraud, falsely make or falsely emboss a purported credit card or debit card or utter such a credit card or debit card.
- The unauthorized signing of credit card, debit card, or related document with intent to defraud (Nevada Revised Statute § 205.750) — Category D felony if you are not the cardholder or a person authorized by the cardholder and sign a credit card, debit card, sales slip, sales draft or instrument for the payment of money which evidences a credit card or debit card transaction with the intent to defraud.
- Fraudulent use of credit card or debit card, or identifying description of credit account or debit card (Nevada Revised Statute § 205.760) — Category D felony if you obtain money, goods, property, services, or anything of value where the amount is $100 or more in a six-month period, and a misdemeanor if you obtain money, goods, property, services or anything of value where the amount is less than $100 in a six-month period by committing any of the following:
- Using a credit card or debit card that was obtained or retained in violation of Nevada Revised Statutes §§ 205.690 to 205.750, inclusive, or where the person knows the credit card or debit card is forged or is the expired or revoked credit card or debit card of another.
- Using the number or other identifying physical or electronic description of a credit account, customarily evidenced by a credit card or the number or other identifying physical or electronic description of a debit card.
- Representing, without the consent of the cardholder, that you were the authorized holder of a specified card or you were the holder of a card where the card has not in fact been issued.
- Fraud by person authorized to provide goods or services: Furnishing goods or services upon presentation of credit card or debit card illegally obtained or possessed (Nevada Revised Statute § 205.770) — Category D felony if you were authorized by an issuer or you were an agent or employee of the authorized person to use a credit card or debit card, and with the intent to defraud, furnished money, goods, services or anything else of value in violation of Nevada Revised Statutes §§ 205.690 to 205.750.
- Fraud by person authorized to provide goods or services (Nevada Revised Statute § 205.780) — Category D felony if you were authorized by an issuer or you were an agent or employee of the authorized person to use a credit card or debit card, and with the intent to defraud, misrepresented to the issuer the value of the goods you furnished or failed to furnish money, goods, property, services or anything else of value which you represented in writing to the issuer that you had furnished.
- Possession of incomplete credit cards or debit cards or equipment to produce cards (Nevada Revised Statute § 205.790) — Category D felony if you are not the cardholder and possess two or more incomplete credit cards or debit cards with the intent to complete them without the consent of the issuer, or you, with knowledge of its character, possesses machinery, plates or any other contrivance designed to produce instruments which purport to be the credit cards or debit cards of an issuer who has not consented to the preparation of such credit cards or debit cards.
- Receiving property or services obtained by the unlawful use of credit card or debit card (Nevada Revised Statute § 205.800) — Category D felony if you receive money, property, goods, services, or anything of value obtained in violation of Nevada Revised Statute § 205.760, knowing or believing that the money, property, goods, services or other things of value were so obtained, or if you obtain at a discount price from a source other than the issuing company a ticket issued by an airline, railroad, steamship or other transportation company and acquired in violation of Nevada Revised Statute § 205.760 under such circumstances as to cause a reasonable person to believe that the ticket was obtained in violation of this section.
Las Vegas Credit Card Fraud Penalties
Fraudulent use of a credit or debit card in Nevada can result in heavy fines and lengthy incarceration:
- Gross Misdemeanor — Punishable by up to one year in jail and/or fines of up to $2,000
- Category D felony — Punishable by up to four years in prison and/or fines of up to $5,000
Nevada Credit Card Fraud Defenses
While the two claims above are not available to you, several other defenses may apply to your case and help fight the prosecution’s case. These defenses include, but are not limited to:
- Illegal search and seizure, or other constitutional rights violations
- Lack of evidence
- You conducted what you thought were legitimate transactions with complete intent to pay back charges
- You did not have the intent to defraud
- You have been misidentified
- You were authorized or had the belief that you were authorized to use the credit card or debit card
- You were unaware that the credit or debit card you possessed or used was stolen, forged, expired, or revoked
Prohibited Defenses to Credit Card Fraud Charges
Under Nevada Revised Statute § 205.810, the following defenses are not available against charges relating to any violation of Nevada Revised Statutes §§ 205.610 to 205.800:
- An accessory has not been convicted, apprehended, or identified
- Some of the acts constituting elements of the crime did not occur in this state or where such acts did occur they were not a crime or elements of a crime.
Law Office of Joel M. Mann ǀ Clark County Credit Card Fraud Lawyer
You should contact an credit card fraud attorney as soon as possible if you have been accused of credit or debit card fraud. The Law Office of Joel M. Mann represents fights white collar crime charges for clients in the greater Las Vegas area.
You can receive a free legal consultation to have Joel Mann review your case by calling (702) 474-6266 right now. He will aggressively pursue the most favorable outcome to your case with the fewest possible penalties.
