Fraudulent use of a credit card in New York can be a federal crime if it involves interstate commerce. Chapter 15, Section 1644 of the United States Code contains provisions defining fraudulent use of a credit card.
A person who knowingly uses or attempts conspire to use a credit card that is counterfeit, altered, fictitious, forged, lost or stolen to obtain money, goods or services worth $1,000 or more in a transaction affecting interstate commerce may be charged with fraudulent use of a credit card in federal court. A person who transports or conspires to transport a credit card that they know to be lost, stolen, forged or fraudulent or attempts to sell the card across state lines may be charged with this offense.
A person may also be charged with fraudulent use of a credit card for receiving, transporting, using or concealing goods that were purchased with a fraudulent, lost, stolen or counterfeit credit card if the aggregate value of the items $1,000 or more within a one-year period. If the items are tickets for foreign or interstate travel, the aggregate value must be $500 or more. Federal felony fraudulent use of a credit card is punishable by up to 10 years in a federal correctional facility, a fine of up to $10,000 or both.
An attorney with experience fighting federal charges may be able to help individuals who have been charged with fraudulent use of a credit card mitigate the long-term consequences of being charged with a federal crime. The prosecution much prove each and every element of the crime charged in order for the defendant to be found guilty. An attorney may be able to help prove that the case involves mistaken identity of the defendant or that the defendant did not “knowingly” use the card because they did not know that it was lost, stolen or counterfeit.