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1992-09-26
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===== Phrack Magazine presents Phrack 16 =====
===== File 5 of 12 =====
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| The Laws Governing Credit Card Fraud |
| |
| Written by Tom Brokaw |
| September 19, 1987 |
| |
| Written exclusively for: |
| Phrack Magazine |
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(A Tom Brokaw/Disk Jockey Law File Production)
Introduction:
------------
In this article, I will try to explain the laws concerning
the illegal use of credit cards. Explained will be the Michigan
legislative view on the misuse and definition of credit cards.
Definition:
----------
Well, Michigan Law section 157, defines a credit card as,
"Any instrument or device which is sold, issued or otherwise
distributed by a business organization identified thereon for
obtaining goods, property, services or anything of value." A
Credit Card holder is defined as, 1)"The person or Organization
who requests a credit card and to whom or for whose benefit a
credit card is subsequently issued" or 2)"The person or
organization to whom a credit card was issued and who uses a
credit card weather the issuance of the credit card was requested
or not." In other words, if the company or individual is issued
a card, once using it, they automatically agree to all the laws
and conditions that bind it.
Stealing, removing, retaining or concealment:
--------------------------------------------
Michigan Law states, that it is illegal to "steal, knowingly
take or remove a credit card from a card holder." It also states
that it is wrongful to "conceal a credit card without the consent
of the card holder." Notice, that it doesn't say anything about
carbon's or numbers acquired from BBS's, but I think that it
could be considered part of the laws governing the access of a
persons account without the knowledge of the cardholder, as
described above.
Possession with Intent to Circulate or Sell
-------------------------------------------
The law states that, it is illegal to possess or have under
ones control, or receive a credit card and his intent is to
circulate or sell the card. It is also illegal to deliver,
circulate or sell a credit card, knowing that such a possession,
control or receipt without the cardholders consent, shall be
guilty of a FELONY. Notice again, they say nothing about
possession of carbons or numbers directly. It also does not
clearly state what circulation or possession is, so we can only
stipulate. All it says is that possession of a card (material
plastic) is illegal.
Fraud, forgery, material alteration; counterfeiting.
----------------------------------------------------
However, it might not be clearly illegal to possess a carbon
or cc numbers. It IS illegal to defraud a credit card holder.
Michigan law states, that any person who, with intent to defraud,
forge, materially alter or counterfeit a credit card, shall be
guilty of a felony.
Revoked or cancelled card, use with intent to defraud.
------------------------------------------------------
This state that "Any person who knowingly and with intent to
defraud for the purpose of obtaining goods, property or services
or anything of value on a credit card which has been revoked or
cancelled or reported stolen by the issuer or issuee, has been
notified of the cancellation by registered or certified mail or
by another personal service shall be fined not more than $1,000
and not imprisoned not more than a year, or both. However, it
does not clearly say if it is a felony or misdemeanor or civil
infraction, my guess is that it would be dependant on the amount
and means that you used and received when you defraud the
company. Usually, if it is under $100 it is a misdemeanor but if
it is over $100, it is a felony. I guess they figure that you
should know these things.
The People of The State of Michigan vs Anderson (possession)
-----------------------------------------------
On April 4, 1980, H. Anderson attempted to purchase a pair
of pants at Danny's Fashion Shops, in the Detroit area. He went
up to the cashier to pay for the pants and the cashier asked him
if he had permission to use the credit card. He said "No, I won
it last night in a card game". The guy said that I could
purchase $50 dollars worth of goods to pay back the debt. At the
same time, he presumed the card to be a valid one and not stolen.
Well, as it turned out it was stolen but he had no knowledge of
this. Later, he went to court and pled guilty of attempted
possession of a credit card of another with intent or circulate
or sell the same. At the guilty hearings, Mr. Anderson stated
that the credit card that he attempted to use had been acquired
by him in payment of a gambling debt and assumed that the person
was the owner. The trial court accepted his plea of guilty. At
the sentencing, Mr. Anderson, denied that he had any criminal
intent. Anderson appealed the decision stating that the court
had erred by accepting his plea of guilty on the basis of
insufficient factual data. Therefore, the trial court should not
have convicted him of attempted possession and reversed the
charges.
The People of the State of Michigan vs Willie Dockery
-----------------------------------------------------
On June 23, 1977, Willie Dockery attempted to purchase gas
at a Sears gas station by using a stolen credit card. The
attendant noticed that his drivers license picture was pasted on
and notified the police. Dockery stated that he had found the
credit card and the license at an intersection, in the city of
Flint. He admitted that he knowingly used the credit card
and drivers license without the consent of the owner but he said
that he only had purchased gasoline on the card. It turns out
that the credit card and drivers license was stolen from a man,
whose grocery store had been robbed. Dockery said that he had no
knowledge of the robbery and previous charges on the card which
totaled $1,373.21. He admitted that he did paste his picture on
the drivers license. But again the court screws up, they receive
evidence that the defendant had a record of felony's dating back
to when he was sixteen and then assumed that he was guilty on the
basis of his prior offenses. The judge later said that the
present sentence could not stand in this court so the case was
referred to another court.
Conclusion
----------
I hope that I have given you a better understanding about
the law, that considers the illegal aspects of using credit
cards. All this information was taken from The Michigan Compiled
Laws Annotated Volume 754.157a-s and from The Michigan Appeals
Report. In my next file I will talk about the laws concerning
Check Fraud.
-Tom Brokaw
Downloaded From P-80 International Information Systems 304-744-2253 12yrs+