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Think twice before misusing that credit or debit card

The cost of living in New York is skyrocketing. Times are tight, money is getting harder to come by and you may feel you can get away with using the ATM to make a few fraudulent check deposits or skimming device to make a little extra money to get by. Before you make a decision that could land you in prison, take a few moments to consider the impact of such actions. 

ATM fraud is a serious crime that, at minimum, is prosecutable at the state level. It carries serious penalties. There is a good chance you could even face federal criminal charges because it is also bank fraud. It does not matter what your intent is or that you mean to repay the funds. Once you misuse/abuse a debit or credit card to illegally access unauthorized funds from a financial institution, you could end up facing criminal charges for bank and ATM fraud. 

How ATM fraud can result in additional criminal charges 

The type of fraud charges a person receives for abusing ATM/credit card privileges depends on the type of crime they allegedly committed. Larceny charges apply to actions that result in the acquisition of goods and services with a stolen credit or debit card. The value of goods and services bought through unlawful debit/credit card transactions determines if the alleged offender faces state or federal charges. In many cases of credit card abuse, the prosecution also pursues a criminal conviction for grand larceny. Grand larceny applies to offenses where the value of stolen or illegally acquired goods or services exceeds $1,000. Bank fraud is when someone gains fraudulent access to funds from a financial institution with the use of a bank/debit or credit card. 

Because there are several different types of ATM/credit card fraud criminal charges, it is possible to end up with multiple offenses from a single unlawful action. For example, taking a roommate’s debit card to borrow money from a bank account without permission can result in an identity theft charge and ATM fraud offense. The same goes for using someone’s else’s identity or personal information to obtain credit in a name for the misappropriation of goods and services. 

ATM fraud is technically a bank fraud offense that carries a hefty prison sentence of up to 30 years. In addition to having a criminal record, many employers pass over people who have this type of conviction on her or his record because it is a crime of moral turpitude.

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Conaway & Strickler, P.C.
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Atlanta, GA 30309

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