NCJ Number
48452
Date Published
1975
Length
60 pages
Annotation
AN OUTLINE OF FEDERAL AND STATE CRIMINAL LAWS RELEVANT TO CREDIT CARD CRIMES IS PRESENTED WHICH INCLUDES LEGAL DEFINITIONS, ELEMENTS OF PROOF, AND ILLUSTRATIVE CASES. INVESTIGATIVE AND PROSECUTORIAL STRATEGIES ARE NOTED.
Abstract
A VARIETY OF STATUTORY AVENUES EXIST FOR THE THEFT OR UNAUTHORIZED USE OF CREDIT CARDS ON BOTH THE FEDERAL AND STATE LEVELS. FREQUENTLY, CREDIT CARD CRIMES REPRESENT A VIOLATION OF BOTH FEDERAL AND STATE LAWS. IN GENERAL, THE COURT OBTAINING FIRST CUSTODY UNDER PROPER CHARGE RETAINS JURISDICTION UNTIL IT IS EXHAUSTED OR WAIVED. APPLICABLE STATE LAWS MAY INCLUDE THOSE RELEVANT TO LARCENY, FALSE PRETENSES, RECEIVING STOLEN PROPERTY, FORGERY (AND UTTERING), CONSPIRACY, AND COMPREHENSIVE CREDIT CARD STATUTES. UNDER FEDERAL CRIMINAL LAW, REMEDY MAY BE SOUGHT UNDER MAIL FRAUD (TITLE 18 UNITED STATES CODE 1341), THE FICTITIOUS NAME ACT (18 USC 1342), WIRE FRAUD (18 USC 1343), MAIL THEFT (18 USC 1703), FRAUDULENT INTERSTATE TRANSACTIONS (15 USC 1644), CONSPIRACY (18 USC 371), AND ORGANIZED CRIME (18 USC 1961-1968) PROVISIONS. IN ADDITION TO THE ELEMENTS OF PROOF REQUIRED UNDER LAW, INVESTIGATIVE STRATEGIES SHOULD EMPHASIZE PROMPT ACTION AND COOPERATION WITH LAW ENFORCEMENT OFFICERS. APPREHENSION OF OFFENDERS AT THE POINT AND INSTANCE OF ATTEMPTED SALE SAVES BOTH FINANCIAL LOSS AND INVESTIGATIVE EFFORT. SYSTEMATIC AND ANALYTIC ATTENTION SHOULD BE GIVEN TO THE SUSPECT CARD HOLDER AND TO MERCHANT ACCOUNTS AND REPORTS OF STOLEN AND LOST CARDS. MOST MAJOR POLICE DEPARTMENTS HAVE FACILITIES FOR PERFORMING HANDWRITING ANALYSES AND THE POSTAL INSPECTION SERVICE MAINTAINS FOUR LABORATORIES. BEST EVIDENCE MAY BE GAINED FROM THOSE CREDIT SYSTEMS WHICH RETAIN ORIGINAL CREDIT APPLICATIONS OR SALES DOCUMENTS. FINGERPRINT EXAMINATION OF SALES SLIPS MAY PROVE VALUABLE. TWO MAJOR FACTORS, DOMINANT IN PROSECUTORIAL DECISIONMAKING, SHOULD BE KEPT IN MIND BY CREDIT INDUSTRY INVESTIGATORS: (1) THE EVIDENCE SHOULD FIT THE STATUTORY LANGUAGE AND BE CLEARLY AVAILABLE FROM A REVIEW OF INVESTIGATIVE REPORTS; AND (2) PROSECUTION IS MORE CERTAIN IF CIRCUMSTANCES OF THE CASE REFLECT MERIT FROM A PUBLIC INTEREST STANDPOINT, I.E. SCOPE OF CRIMINAL ACTIVITY, AGGRAVATED CIRCUMSTANCES, CRIMINAL HISTORY OF PROPOSED DEFENDANTS. THE CREDIT INDUSTRY MAY ASSIST IN PRETRIAL AND TRIAL STAGES OF A CASE BY ENSURING THE AVAILABILITY OF THE TRUE CARDHOLDER, EYE WITNESSES OR OTHER EVIDENCE SUCH AS DOCUMENTS AND RESULTS OF ANALYSES. THE IMPORTANCE OF CREDIT INDUSTRY ASSISTANCE TO CURBING CREDIT CARD CRIMES IS EMPHASIZED. AN INDEXED TABLE OF RELEVANT STATE AND FEDERAL CASES IS APPENDED TOGETHER WITH A REPRODUCTION OF SECTION 134 (FRAUDULENT USE OF CREDIT CARD) OF THE TRUTH IN LENDING ACT (15 USC 1644). (JAP)