In our high tech society, stealing money or property does not require a face-to-face encounter. Everything from checks, electronic bank transfers, to credit and debit cards can be used to commit crimes. In Illinois there is a specific crime for misusing a credit or debit card to try and steal money, goods, or services that you are not entitled to. There is also a law that makes it illegal to use certain deceptive practices, often involving checks, to obtain money, goods, or services that you have no rights to.
What the Law Says About Credit Card Fraud
Someone commits the crime of credit card fraud in Illinois when they use a credit card or debit card to attempt to defraud someone into giving them money, goods, or services, or anything of value and they:
- Obtained the card illegally;
- Obtained the card without the cardholder’s consent;
- Used a credit card that is forged, invalid, or revoked; or
- Claim to be the cardholder or claim to have the cardholder’s consent, when the cardholder did not give consent.
You can commit the crime of credit card fraud even if you are not successful in getting anything of value. This law is to protect people against identity theft.
What the Law Says About Deceptive Practices
Someone commits the crime of deceptive practices when they intend to defraud someone else and they:
- Cause someone else to execute a document or transfer property where a financial obligation is incurred by threat or deception;
- Is an officer or official at a bank and allows an investment to be deposited when they know the institution is insolvent;
- They knowingly make, or direct someone else to make, a false or deceptive claim addressed to the public to promote the sale of a product or service; or
- Writes a check they know will not be paid or honored.
This law covers a variety of different conduct. Everything from knowingly writing bad checks to lying to the public in order to make a sale fall under the crime of deceptive practices.
What Happens If You are Charged With Committing Credit Card Fraud or Deceptive Practices
Credit card fraud is either a Class 3 or Class 4 felony, depending on the amount of money or total value at stake. If convicted, someone could be sentenced to anywhere between one and five years in prison.
Deceptive Practices is either a Class A misdemeanor, punishable by up to a year in jail, or a Class 4 felony, punishable by up to one to three years in prison. The larger the amount at stake the more likely the crime will be charges as a felony.
If you or someone you love has been charged or accused of a crime, talk with a skilled Chicago criminal defense lawyer right away. If there are any mental health issues, you need an attorney experienced in dealing with these issues in a criminal defense situation. Call Glasgow & Olsson today at 847.577.8700 to schedule a consultation.
Sources:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2356&ChapterID=67
http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=56800000&SeqEnd=58900000