750.157s - use of revoked or cancelled financial transaction device with intent to defraud.
In the state of Michigan, using a financial transaction device such as a credit or debit card that has been cancelled or revoked and that the user knows is no longer valid in order to obtain money or goods is unlawful. In simpler language, Use of a Revoked or Cancelled FTD with Intent to Defraud includes the elements:
- The financial transaction device was cancelled or revoked by the institution that issued the device,
- The offender knew that the FTD was cancelled or revoked through prior notification,
- The offender used the financial transaction device to buy something of value, and
- The holder of the FTD cheated or defrauded someone intentionally
750.157v - false statement of identity for purpose of procuring issuance of financial transaction device.
In addition, any person who attempts to procure a credit or debit card or other financial transaction device by providing false information in writing regarding him- or herself or another person is guilty of a felony. In other words, it is illegal to provide false information in writing such as a fake name, address, or other information for the purpose of obtaining a credit card or other financial transaction device.
Crimes involving financial transactions devices such as credit cards, debit cards, or gift cards are punished harshly in the state of Michigan.
The penalties for using a revoked or cancelled financial transaction device for the purpose of defrauding or attempting to obtain a financial transaction device by providing false information in writing vary, and may include substantial fines, jail time, and more.
Using a cancelled or revoked credit or debit card, or other FTD with the intent to defraud will result in a fine of up to $500 along with up to 93 days in jail if the goods, property, or service is valued at less than $100. For property/goods/services valued at between $100 and $500, the penalties include a fine of up to $1,000 and a maximum of one year in prison. For property/goods/services valued at $500 or greater, penalties include a maximum fine of $2,000 or three times the aggregate value of the property or goods, along with up to two years in prison. These penalties may be enhanced when an individual has a prior conviction or convictions for a credit card fraud or theft offense.
Individuals who are convicted of theft or fraud offenses involving financial transaction devices such as credit, debit, and gift cards will have a permanent criminal record. In addition, a conviction for a first offense will result in harsher penalties when an offender is found guilty of a second or subsequent financial transaction device offense.
There are many crimes related to use of revoked or cancelled financial transaction device with intent to defraud and false statement of identity for purpose of procuring issuance of financial transaction device including:
- Stealing, taking, or removing financial transaction device; possession of fraudulent or altered financial transaction device.
- Possession or control of another's financial transaction device with intent to use, deliver, circulate, or sell.
- Forgery, alteration, simulation, or counterfeiting of financial transaction device.
- Sales to or services performed for violators.
- Causing device holder to be charged or overcharged.
- Fraudulent use of financial transaction device to withdraw or transfer funds in violation of contractual limitations
Experience and Success:
Grabel & Associates has significant experience and success defending clients in cases involving Credit Card Fraud, Theft, and other related crimes including Fraudulent Use of a Financial Transaction Device. Our criminal defense firm has achieved tremendous success in various areas of criminal law, often obtaining dismissal of charges, acquittals, and in some cases having convictions overturned on appeal.
In every credit card fraud or financial transaction device case, there are a variety of defense tactics that may prove effective. For every criminal offense, there are elements, which must be proven by prosecutors in order for the defendant to be found guilty. Our team of capable and aggressive fraud defense attorneys fights back, making it tough for prosecutors to prove these elements. However, in cases where a defendant is convicted of a financial transaction device crime, you may wish to seek post-conviction relief or consider pursuing an appeal of your conviction or sentence.
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
(1) A person who, for the purpose of obtaining goods, property, services, or anything of value, knowingly and with intent to defraud uses 1 or more financial transaction devices that have been revoked or canceled by the issuer of the device or devices, as distinguished from expired, and has received notice of the revocation or cancellation is guilty of a crime as follows:
(a) If the value of the goods, property, services, or anything of value is less than $100.00, as follows:
(i) For a first offense, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(ii) For an offense following 1 or more prior convictions under this section or a local ordinance substantially corresponding to this section, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(b) If the value of the goods, property, services, or anything of value is $100.00 or more but less than $500.00, as follows:
(i) For a first or second offense, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine.
(ii) For an offense following 2 or more prior convictions under this section, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. For purposes of this subparagraph, however, a prior conviction does not include a conviction for a violation or attempted violation of subdivision (a).
(c) If the value of the goods, property, services, or anything of value is $500.00 or more, a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00 or 3 times the aggregate value of the goods, property, services, or anything of value, whichever is greater, or both imprisonment and a fine.
(2) The values of goods, property, services, or things of value obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value of goods, property, services, or things of value obtained.
(3) If the prosecuting attorney intends to seek an enhanced sentence based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information a statement listing the prior conviction or convictions. The existence of the defendant's prior conviction or convictions shall be determined by the court, without a jury, at sentencing or at a separate hearing for that purpose before sentencing. The existence of a prior conviction may be established by any evidence relevant for that purpose, including, but not limited to, 1 or more of the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(4) If the sentence for a conviction under this section is enhanced by 1 or more prior convictions, those prior convictions shall not be used to further enhance the sentence for the conviction pursuant to section 10, 11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
History: Add. 1967, Act 255, Eff. Nov. 2, 1967 ;-- Am. 1968, Act 183, Eff. Nov. 15, 1968 ;-- Am. 1987, Act 276, Eff. Mar. 30, 1988 ;-- Am. 1998, Act 312, Eff. Jan. 1, 1999
THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931
A person who, knowingly and with intent to defraud, makes or causes to be made, directly or indirectly, a false statement in writing regarding his or her identity or that of any other person for the purpose of procuring the issuance of a financial transaction device, is guilty of a felony.
History: Add. 1987, Act 276, Eff. Mar. 30, 1988