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750.157n Stealing, taking, or removing financial transaction device; possession of fraudulent or altered financial transaction device.
Credit card theft or fraud is a very serious criminal offense in Michigan. In referring to a "financial transaction device," the most common include credit, debit, and gift cards. Any person who steals or knowingly takes a credit or debit card or other financial transaction device from its owner or who uses a credit, debit, or gift card he or she knows to be fraudulent, is guilty of a felony.
750.157p Possession or control of another's financial transaction device with intent to use, deliver, circulate, or sell.
Whether an individual actually steals a financial transaction device, or fraudulently uses that device to purchase goods or obtain money faces serious criminal penalties if convicted. In addition to credit card theft or fraudulent use, it is illegal to sell a financial transaction device, or to use a credit/debit card that has been cancelled. It is also unlawful to provide false or fake identification in order to use a financial transaction device that belongs to someone else.
Punishment:
Individuals who are found guilty of credit card theft or fraud offenses face serious penalties, including up to four years in prison, restitution to the victim, and substantial fines.
Other Consequences:
Being convicted of credit card fraud or theft, or stealing/using another person's financial transaction device, will result in a criminal record, which can impact employment, financing, housing, and more.
Related Crimes:
- Forgery, alteration, simulation, or counterfeiting of financial transaction device.
- Use of revoked or cancelled financial transaction device with intent to defraud.
- Sales to or services performed for violators.
- Causing device holder to be charged or overcharged.
- False statement of identity for purpose of procuring issuance of financial transaction device.
- Fraudulent use of financial transaction device to withdraw or transfer funds in violation of contractual limitations.
Experience and Success:
The Grabel & Associates criminal defense team has substantial experience and a proven track record defending all types of fraud charges, including credit card fraud. Our firm has enjoyed great success defending against fraud-related charges, having convictions overturned on appeal in some cases and obtaining dismissals and acquittals.
Defenses:
There are numerous defense strategies that can prove to be effective in credit card theft or fraud cases, depending on the details of each individual case. Individuals who have been convicted of credit card fraud or theft may want to consider appealing their conviction or sentence, or seeking relief after conviction.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Sec. 157n.
(1) A person who steals knowingly takes, or knowingly removes a financial transaction device from the person or possession of a deviceholder, or who knowingly retains, knowingly possesses, knowingly secretes, or knowingly uses a financial transaction device without the consent of the deviceholder, is guilty of a felony.
(2) A person who knowingly possesses a fraudulent or altered financial transaction device is guilty of a felony.
History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
Sec. 157p.
A person who has in his or her possession, or under his or her control, or who receives from another person a financial transaction device with the intent to use, deliver, circulate, or sell the financial transaction device, or to permit, cause, or procure the financial transaction device to be used, delivered, circulated, or sold, knowing the possession, control, receipt, use, delivery, circulation, or sale to be without the consent of the deviceholder, is guilty of a felony.
History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988
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