Pittsburgh Credit Card Fraud Lawyer

Strategic Defense Against Credit Card Fraud Allegations

Credit card fraud investigations may begin with a disputed transaction, bank inquiry, merchant complaint, account review, search warrant, subpoena, request for financial records, or contact from law enforcement. In other cases, an investigation may develop through allegations involving stolen account information, unauthorized purchases, counterfeit cards, online transactions, or access to another person’s financial accounts.

Levenson Law Firm represents individuals facing serious Pennsylvania state and federal credit card fraud and access-device fraud investigations and prosecutions throughout Pittsburgh and Western Pennsylvania.

Credit card fraud cases frequently involve bank records, transaction histories, merchant records, surveillance video, cellphone data, account information, electronic communications, witness testimony, and digital evidence. Effective criminal defense begins with examining what the government must prove, determining how the evidence was obtained, and evaluating what the records establish—and what they do not.

Criminal charges begin with allegations. Effective criminal defense begins with understanding what the evidence proves—and what it does not.

From there, we develop a legal strategy tailored to the facts, the law, and the individual client.

The strategy depends on the case. The commitment does not.

What Is Credit Card or Access-Device Fraud?

Credit card fraud generally involves allegations that someone knowingly used, possessed, produced, transferred, or obtained a credit card, debit card, account number, access code, or other financial access device without authorization and with fraudulent intent.

Pennsylvania law commonly addresses this conduct as access-device fraud. Federal law also prohibits several forms of fraudulent activity involving counterfeit or unauthorized access devices, account information, device-making equipment, and related transactions.

An “access device” may include more than a physical credit card. Depending on the statute and allegations, it may include:

• Credit cards and debit cards
• Account numbers
• Personal identification numbers
• Electronic serial numbers
• Access codes and passwords
• Mobile-payment credentials
• Stored account information
• Other means of accessing an account to obtain money, property, services, or value

Not every disputed purchase, shared account, billing disagreement, mistaken transaction, or possession of another person’s card constitutes criminal fraud. The prosecution must prove the required intent, lack of authorization, and each element of the charged offense beyond a reasonable doubt.

Types of Credit Card Fraud Allegations

Credit card and access-device fraud investigations may involve allegations such as:

• Using a credit or debit card without the cardholder’s permission
• Using a lost, stolen, canceled, or revoked card
• Making purchases with another person’s account information
• Using counterfeit or altered cards
• Possessing multiple unauthorized account numbers
• Buying or selling stolen card information
• Using card information obtained through phishing, skimming, or data theft
• Creating false cards or fraudulent payment credentials
• Submitting fraudulent refund or chargeback requests
• Opening or accessing an account using another person’s identity
• Using business or employer accounts for allegedly unauthorized transactions
• Participating in an alleged conspiracy involving fraudulent purchases or account information

The specific charge depends on the conduct alleged, the amount involved, the number of transactions or access devices, the location of the activity, and whether the prosecution proceeds under Pennsylvania or federal law.

How Credit Card Fraud Investigations Begin

An investigation may begin when a cardholder reports unauthorized activity, a financial institution identifies unusual transactions, a merchant challenges a purchase, or investigators obtain account information during a separate investigation.

Investigators may seek:

• Credit card and bank-account statements
• Transaction histories and merchant records
• Receipts, invoices, shipping records, and purchase records
• Store, bank, ATM, or residential surveillance video
• IP-address and device-location information
• Cellphone, computer, and cloud-storage evidence
• Emails, text messages, and social-media communications
• Account-login and authentication records
• Applications and identity-verification documents
• Statements from cardholders, merchants, employees, financial institutions, or cooperating witnesses

Investigators may attempt to connect a person to a transaction through surveillance footage, delivery addresses, device records, account logins, possession of merchandise, communications, or statements made during an interview.

Early legal guidance can be important before responding to investigators, consenting to a search, producing electronic devices or financial records, or attempting to explain disputed transactions.

Pennsylvania Access-Device Fraud Charges

Pennsylvania access-device fraud charges may involve allegations that a person used an access device to obtain or attempt to obtain property or services while knowing that the device was counterfeit, altered, incomplete, issued to someone else without authorization, revoked, canceled, or otherwise unauthorized.

The grading and potential consequences may depend on the amount involved, the nature of the conduct, the number of transactions, and the specific subsection charged.

Related Pennsylvania allegations may include:

• Identity theft
• Theft by deception
• Receiving stolen property
• Forgery
• Unlawful use of a computer
• Criminal conspiracy
• Deceptive or fraudulent business practices

The defense should carefully examine whether the prosecution can prove that the client knew the account or device was unauthorized and intended to obtain property or services through fraudulent means.

Federal Access-Device Fraud Investigations

Federal credit card fraud cases may involve allegations under 18 U.S.C. § 1029. That statute addresses multiple forms of fraudulent conduct involving counterfeit or unauthorized access devices, account information, device-making equipment, and related transactions.

Federal jurisdiction may depend on the type of conduct, the amount or number of access devices involved, and a connection to interstate or foreign commerce.

Federal investigations may involve the Federal Bureau of Investigation, the United States Secret Service, the United States Postal Inspection Service, Homeland Security Investigations, or other agencies depending on the allegations.

Federal charges may be brought together with allegations involving:

• Wire fraud
• Bank fraud
• Mail fraud
• Identity theft
• Aggravated identity theft
• Computer fraud
• Money laundering
• False statements
• Conspiracy

Federal criminal procedure, discovery, sentencing, and plea negotiations differ in important respects from Pennsylvania state proceedings. Understanding those differences is essential when evaluating the evidence and potential strategy.

What Prosecutors Must Prove

The elements depend on the statute and subsection charged. In general, the prosecution may be required to prove that the accused knowingly used, possessed, produced, transferred, or trafficked in a counterfeit or unauthorized access device and acted with intent to defraud.

Important issues may include:

• Whether the cardholder or account holder authorized the transaction
• Whether the accused knew that the access device was unauthorized
• Whether the accused intended to defraud another person or institution
• Whether the accused personally made or attempted the transaction
• Whether the account information was accurately attributed to the accused
• Whether the prosecution can connect the accused to a particular device, account, purchase, or delivery
• Whether the alleged value or loss was calculated accurately
• Whether the conduct satisfies the jurisdictional and statutory requirements of the charged offense

The fact that a person possessed a credit card, account number, device, or purchased item does not necessarily establish knowledge, lack of authorization, or fraudulent intent.

Electronic Evidence and Identification Issues

Credit card fraud prosecutions often depend on electronic records and circumstantial evidence. Investigators may attempt to identify a suspect through an IP address, cellphone location, device identifier, account login, delivery address, security footage, or possession of purchased property.

Depending on the circumstances, the defense may examine:

• Whether an account or device was shared with other people
• Whether the IP address identifies a particular person or only a location or network
• Whether surveillance footage clearly identifies the accused
• Whether account credentials were stored, compromised, or accessible to others
• Whether delivery or billing information was accurate
• Whether electronic records were complete and properly authenticated
• Whether the government can establish who entered or transmitted particular information
• Whether digital evidence was altered, incomplete, or interpreted out of context

Electronic records may show that a transaction occurred without proving who made it, who possessed the relevant information, or whether the use was authorized.

Search, Seizure, and Statement Issues

Investigators may seek evidence through search warrants, subpoenas, account-record requests, cellphone extractions, computer searches, surveillance, or interviews. The legality and scope of those investigative methods should be carefully reviewed.

Potential issues may include:

• Whether a search warrant established probable cause
• Whether the warrant sufficiently described the devices, accounts, records, or property to be searched
• Whether investigators exceeded the permitted scope of the search
• Whether consent to search a device or account was voluntary
• Whether statements were obtained in violation of constitutional protections
• Whether electronic or financial records were properly authenticated
• Whether the government preserved potentially relevant evidence

Evidence obtained unlawfully may be subject to suppression or exclusion, depending on the circumstances.

Defending Against Credit Card Fraud Charges

The appropriate defense depends on the facts, the available evidence, the client’s role, and the stage of the investigation or prosecution.

Potential issues may include:

• Authorization from the cardholder or account holder
• Lack of knowledge that the card or account information was unauthorized
• Lack of intent to defraud
• Mistaken identity
• Shared access to an account, device, residence, vehicle, or network
• Insufficient evidence connecting the accused to the transaction
• Inaccurate or incomplete surveillance evidence
• Unreliable electronic records or account attribution
• Unreliable witness or cooperating-witness testimony
• Improperly obtained statements, devices, financial records, or digital evidence
• Inaccurate loss or transaction calculations
• Conduct that presents a billing, employment, contractual, or civil dispute rather than criminal fraud

Every credit card fraud case requires careful analysis of the alleged transactions, account records, electronic evidence, authorization history, and the client’s actual connection to the disputed activity.

Potential Consequences of Credit Card Fraud Allegations

A credit card or access-device fraud conviction may result in imprisonment, probation, fines, restitution, supervised release, forfeiture, and other criminal penalties. The potential sentence may be affected by the amount of the alleged loss, the number of transactions or access devices, the number of alleged victims, the client’s role, and any related charges.

Credit card fraud allegations may also affect:

• Employment and professional licenses
• Access to banking and financial services
• Credit and future financial transactions
• Immigration status
• Business and professional relationships
• Reputation and future opportunities

Because criminal and collateral consequences may overlap, the defense strategy should consider the full range of risks from the beginning of the investigation.

Related Fraud and Financial Crimes

Credit card fraud investigations may involve allegations of other state or federal offenses, including:

• Bank Fraud
• Wire Fraud
• Mail Fraud
• Mortgage Fraud
• Tax Fraud
• Identity Theft
• Aggravated Identity Theft
• Computer Fraud
• Forgery
• Money Laundering
• Conspiracy

The presence of multiple allegations may affect the complexity of the case, the potential sentencing exposure, and the strategy required.

What Clients Can Expect From Levenson Law Firm

Clients work directly with Amy Jones throughout the representation. Levenson Law Firm intentionally maintains a limited caseload so that each matter receives the time, preparation, and individualized attention serious credit card fraud cases require.

We begin by examining the prosecution’s theory, reviewing the available financial, transactional, surveillance, and electronic evidence, identifying legal and factual issues, and understanding the client’s role and objectives.

Depending on the case, representation may include advising a client during an investigation, responding to subpoenas or document demands, preparing for interviews, communicating with prosecutors and investigators, challenging searches or electronic evidence, preparing for trial, negotiating an appropriate resolution, or developing a sentencing and mitigation strategy.

No lawyer can honestly promise a particular result. What we can promise is careful preparation, sound professional judgment, candid advice, and individualized representation throughout every stage of the case.

The strategy depends on the case. The commitment does not.