Credit card fraud is becoming increasingly common and complex, as emerging technologies continue to provide innovative ways for the crime to be committed. What’s more, with identity theft rising, it’s becoming increasingly common that people are charged with credit card fraud when they weren’t responsible for the fraud.
If you’re charged with credit card fraud, it’s important to understand the potential consequences of a conviction. The sentencing for credit card fraud will depend on various factors, including the amount of money involved in the fraud, and whether it was committed as part of a larger criminal enterprise.
For those facing charges of credit card fraud, it’s important to seek legal advice from an experienced criminal defence lawyer at the earliest opportunity available. They can help you to understand your rights and potential legal defences available to you, and may be even able to negotiate a plea deal with the prosecution to minimise the penalties you face.
Credit card fraud defined
The legal definition of credit card fraud in the UK is outlined in the Fraud Act 2006, which replaced the various different deception offences that were contained within the Theft Act 1968. The Fraud Act 2006 defines fraud as the intentional deception of another person in order to gain a financial advantage, or cause a loss to another. Credit card fraud is a specific form of fraud that specifically involves the use of a credit card or credit card information, often for the purpose of making unauthorised purchases or obtaining cash.
Under the Fraud Act 2006, credit card fraud is a criminal offence that can result in imprisonment, community service order, and/or fines. The maximum sentence for credit card fraud is 10 years in prison, although the exact sentence that’s handed out will obviously differ from case to case.
Other relevant legislation
The Computer Misuse Act 1990 also includes provisions related to credit card fraud, specifically related to the use of computer systems to commit fraudulent activities. This legislation makes it a criminal offence to gain unauthorised access to a computer system or to modify or delete data without authorisation.
When it comes to credit card fraud prevention, Payment Services Regulations 2017 provides guidelines for the protection of consumers in relation to electronic payment transactions, including credit card transactions. These regulations include requirements for secure authentication, liability for unauthorised transactions, and reporting requirements for suspected fraud.
Examples of credit card fraud
There are various different common kinds of credit card fraud, some of which are listed below:
- Skimming – this involves the use of a device to copy the information on the magnetic strip of a credit card when it’s swiped, allowing criminals to create a duplicate card with which to defraud the owner.
- Phishing – this type of fraud involves the use of emails or fake websites to trick people into providing their credit card information.
- Card not present (CNP) fraud – this type of fraud occurs when a criminal uses stolen credit card information to make purchases online, over the phone, or by mail order.
- Account takeover – this involves an individual gaining access to a person’s credit card account by stealing their login information, or by using social engineering tactics to trick them into providing it, and then using that access to purchase items or withdraw cash.
- Counterfeit cards – this involves the creation of a fake credit card that is then used to make purchases, defrauding the bank and owner of the account.
- Fraudulent applications – this type of fraud involves the use of false information to apply for a credit card in someone else’s name.
While some of these actions may be treated as relatively common in popular culture, they often constitute a serious criminal offence, with equally serious legal ramifications.
Sentencing for credit card fraud as a first-time offence
The sentencing for credit card fraud in the UK can vary depending on the severity of the offence, the amount of money that’s involved, and whether it’s a first-time or subsequent offence. In general, credit card fraud is considered a serious offence that can result in imprisonment, fines, and, of course, a criminal record.
The maximum sentence for credit card fraud is 10 years in prison, with the potential for fines and even orders to repay the money gained as a result of the fraudulent activity. The actual sentence will depend on several factors, including the offender’s criminal history, the value of the assets obtained through the fraud, and any other mitigating or aggravating circumstances. It is very unlikely that a first time offence will be near the maximum end of that scale, however it will depend on the severity of the offence.
Minor vs major credit card fraud
For minor credit card fraud offences, such as using someone else’s credit card to make a small purchase, a community order or suspended sentence may be given instead of a custodial sentence. However, for more serious offences, such as large-scale credit card fraud or fraud involving multiple victims, a custodial sentence is more likely. If the case goes to court and results in a conviction, it will likely result in somewhere between 4-5 years imprisonment, making it vital that those charged receive expert legal assistance.
In addition to imprisonment and fines, those convicted of credit card fraud may also face other penalties, such as a criminal record, seizure of assets, and restrictions on future financial activities such as applying for loans, credit cards, or mortgages.
Seeking legal assistance
As you can see, credit card fraud is a serious crime to find yourself charged with. As a result, it’s imperative that should you face charges, you seek the assistance of a qualified criminal defence solicitor at the earliest opportunity available. Your solicitor will be able to help you:
- Prepare for any interviews under caution with the investigating authorities
- Develop a legal defence, representing you in court if necessary
- Ensure that the court system treats you fairly at all times
- Guide you through the appeals process if necessary
Credit card fraud related crimes are often highly complex, making it important that your legal representative has as much time as possible to develop your defence. Time is of the essence – reach out now if you need legal assistance with any fraud-related matters.
You can contact our credit card fraud team on 0161 234 0020 (Manchester) /0203 053 8625 (London) / 07956 555979 (24 hour).
