Tag Archives: Fraud Charges Indiana

Credit Card Fraud Charges in Indiana: What You Need to Know

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In our increasingly digital world, the spectra of identity theft and financial crimes looms large, and Indiana residents are not immune to the threat of credit card fraud. With the potential of significant legal and financial repercussions, understanding the laws and your rights when faced with credit card fraud charges in the Hoosier State is crucial. This comprehensive guide is designed to walk you through everything you need to know about credit card fraud laws and defenses in Indiana.

Call 317-636-7514 For Credit Card Fraud Defense in Indianapolis Indiana
Call 317-636-7514 For Credit Card Fraud Defense in Indianapolis Indiana

The Legal Definition of Credit Card Fraud in Indiana

Credit card fraud, or commonly referred to as ‘credit card theft’, under Indiana law, can encompass a variety of actions. According to statutes, it involves knowingly and with intent to defraud using, presenting, or attempting to use, a credit card, debit card, or the numbers contained on these cards, to obtain money, property, or services, with the knowledge that the card, card number, or code has been canceled or revoked or is fictitious, altered, or forged, or is being used without the authorization of the issuer or the cardholder. The law makes it clear that any attempt to obtain services or property under false pretenses using credit card information that a person knows they shouldn’t be using can constitute fraud.

Examples of Credit Card Fraud in Indiana

  • Making a purchase using a credit card or its number without the owner’s consent.
  • Manufacturing fake credit cards.
  • Using a stolen credit card or its details to make purchases.

The Consequences of Credit Card Fraud in Indiana

The penalties for credit card fraud in Indiana are serious and can vary based on the specific circumstances of the fraud. A conviction for credit card fraud can result in:

  • Imprisonment from 6 months to 3 years.
  • Fines ranging from $10,000 to $10,000, depending on the value of the property or services obtained.
  • For second or subsequent offenses, imprisonment from 2 to 8 years and fines of up to $10,000.
  • Victims of credit card fraud can also take civil action against the perpetrator, seeking damages for their losses.

Long-Term Impacts

A criminal record for credit card fraud can have long-term consequences, affecting opportunities for employment, housing, and credit. It’s not just the immediate legal consequences that can disrupt your life; the stigma of a financial crime can linger for years.

What to Do If You’re Accused of Credit Card Fraud

Being accused of credit card fraud is a serious matter and requires immediate action to protect yourself. If you find yourself in this situation, here are the steps you should take:

Protect Your Legal Rights

Exercising your right to remain silent and seeking legal counsel should be your first priorities. Any statements you make can be used against you in a court of law, and an attorney can help guide you through the legal process.

Seek Legal Counsel

It’s critical to consult with a criminal defense attorney as soon as possible. A qualified fraud crime lawyer can advise you on your rights, the potential defenses to your case, and the best course of action for your situation.

Gather Evidence

Your credit card fraud attorney will need as much information as possible to build a strong defense. This includes gathering documents related to the charges and any evidence that can support your innocence.

How to Defend Credit Card Fraud Charges

While the specifics of your defense strategy will depend on the details of your case, here are some common defenses that are used in credit card fraud cases:

Lack of Intent – If you can demonstrate that you did not intend to defraud anyone when you used the card, this can be a viable defense.

Lack of Knowledge – Claiming that you did not know the credit card was fraudulent or that you were using it without the card-holder’s consent can serve as a defense.

Mistaken Identity – If you can show that you were mistakenly identified as the perpetrator, this is a valid defense as well.

Conclusion: Protecting Your Future

Credit card fraud in Indiana is not something to take lightly. If you’ve been accused of this crime, your future and reputation are on the line. The best course of action is to take immediate steps to protect yourself legally and to seek the counsel of an experienced criminal defense attorney. With the right help, you can build a strong defense and work toward protecting your rights and preserving your future.

If you or someone you know is facing credit card fraud charges in Indiana, do not wait to seek legal assistance. The consequences of these charges can be life-altering, and an experienced attorney can help you understand your options and work toward the best possible outcome. Take action today to protect your future.

If you or your loved one has been charged with a fraud crime in Indiana, get in touch with us immediately. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned credit card fraud lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Related Posts:

Understanding the Different Types of Credit Card Fraud
What Constitutes Credit Card Fraud?
What are the Legal Repercussions of Check Fraud?

What You Need to Know About Indiana Tax Fraud

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If you are a small business owner who is preparing to file your company’s tax return, you have until tomorrow to do so. If you are an individual filing your personal tax returns, you have until Monday, April 18th. Either way, it is important to protect yourself against tax errors because you do not want to mistakenly be charged with tax fraud.

Continue reading to learn what you need to know about Indiana tax fraud before Tax Day is upon us this year, plus who to trust for aggressive legal defense if ultimately indicted on any type of white-collar criminal charge.

Tax Fraud Lawyer Indianapolis Indiana 317-636-7514
Tax Fraud Lawyer Indianapolis Indiana 317-636-7514

Important Tax Fraud Facts

Tax fraud is also known as tax evasion. A person can be indicted and charged with tax evasion if they intentionally or knowingly neglect to file their taxes, pay their taxes in full, or provide dishonest data (or omit required data) on their returns for the purpose of evading payment. In order to be convicted of tax evasion, the IRS must prove that you deliberately and knowingly demonstrated one of these fore-mentioned acts.

Most Common Types of Tax Fraud Crimes:

▷ Under Reporting Income
▷ Falsifying Tax Return Data (inflating business expenses, overstating size of household, etc.)
▷ Underpaying Taxes
▷Not Paying Taxes
▷ Deceiving the Department of Revenue (DOR)
▷ Misrepresenting Economic Circumstances

Indiana Tax Fraud Penalties Upon Conviction:

Those who are convicted of Indiana tax fraud will be sentenced depending on the severity of their crimes. Penalties range from jail and prison time to fines, restitution, loss of certain freedoms, and more. Most Indiana tax fraud convictions are sentenced as Class A misdemeanors or Level 6 felonies.

▷ Level 6 Felony = Six Months to 2 ½ Years in County Jail – Fines up to $10,000

▷ Class A Misdemeanor = Up to 12 Months in County Jail – Fines up to $5,000

Tax Errors Do Not Make You a Criminal

If you mistakenly underpaid your taxes, provided incorrect information on your return, or forgot to file your tax return altogether, you are not committing a crime of fraud. In such cases, you would simply need to contact the proper IRS authorities and notify them of your mistake. From there, they will give you the instructions you need to follow to correct your error. You will likely have to pay a small penalty fee, generally $100 to $300.

Are you looking for qualified criminal defense that can reduce or dismiss your white collar crime or fraud charges in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 to schedule a meeting with an Indianapolis fraud crime lawyer you can trust. We represent all white collar crime cases in Indiana.

Related Posts:

Can I Get Arrested For Not Paying My Taxes?
Information About Felony Tax Evasion Crimes and Convictions
Frequently Asked Questions About White Collar Crimes
Top 4 Ways to Avoid Bankruptcy Fraud

Will I Go to Jail for Writing a Bad Check?

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When someone uses a checking account to pay for something, but they have insufficient funds in the account they are paying with, it is referred to as writing a bad check, or bouncing a check. But under state and federal law, it is called check fraud. There are various reasons why a person might write a bad check, both knowingly and unknowingly. In tough times, someone might write a bad check for something they know it won’t cover because it’s simply their only option to get by. Others might accidentally write a bad check due to innocent accounting errors.

Regardless of why a person writes a bad check, penalties can be at play if restitution is never made. Such penalties can include arrest, criminal charges, fines, probation, reimbursement, community service, and perhaps even jail.

Continue reading to learn more about check fraud laws in Indiana, and what you need to do to ensure your rights are protected following an arrest.

Indianapolis Check Fraud Lawyer 317-636-7514
Indianapolis Check Fraud Lawyer 317-636-7514

Writing a Bad Check

If you write a bad check, the penalties you face will depend on the circumstances of the incident. For instance, if you write a bad check for your car payment, your leaser will contact you and ask for an alternative form of payment. If you cannot make that payment, your car might be repossessed until you can. The more time you take to satisfy this payment, the more fees will add up. If you never make the car payment, the company can sue you in civil court for recompense. Furthermore, you would be flagged as a high-risk leasee, and will have trouble leasing other cars in the future.

This same scenario is likely to apply to all retailers, vendors, and municipal companies. In most cases, the party being paid will just contact you and ask for a new payment; and if you neglect to satisfy the debt, you can face being sued by them in civil court. In some states, the law permits plaintiffs to sue for up to three times the amount of the original check.

In cases that a person crosses the line into a more serious type of fraudulent bank activity, the situation can turn into a criminal matter. In fact, such cases can render both civil and criminal repercussions.

Check Fraud

Check fraud, also referred to as debit card fraud or bank fraud, is a different type of illegal check-writing activity. Under Indiana law, it is considered an act of check fraud when a person intentionally defrauds or deceives another party by writing a check knowing there aren’t sufficient funds to cover the amount on the check, and as a result, that the check is rejected when presented to the bank.

Fraud crimes are charged as either misdemeanors or Level 6 felonies, depending on the particulars of a person’s case. In Indiana, bank fraud is generally charged as a Level 6 Felony, which comes with 6 months to two and half years in jail, up to $10,000 in fines, and several court orders, such as restitution, community service and probation.

In order for a bank fraud charge to turn into a conviction, two facts must be proven beyond a reasonable doubt:

☛ The defendant knowingly carried out a scheme to defraud a bank or other financial institution

☛ The defendant knowingly carried out a scheme to gain financial assets in the possession of a bank or other financial institution.

Are You Facing Fraud Charges in Indiana?

Call David E. Lewis, Attorney at Law at 317-636-7514 for to speak with a seasoned Indianapolis criminal defense lawyer about your bank fraud charges in Indiana. Our law firm offers free initial consultations to discuss the best strategies of defense for your case. Avoid the maximum penalties for your misdemeanor or felony criminal charges by calling David E. Lewis, Attorney at Law, today!

Indianapolis Criminal Defense 317-636-7514
Schedule a Free Consultation Today!

What Constitutes Credit Card Fraud?

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Perhaps you have borrowed your husband’s debit card and purchased some new appliances for the home, or you found a lost credit card and used it to fill up the gas tank in your car? If so, it is possible that you may have committed a form of credit card fraud, of course, it is also possible that you have not. It all depends on the circumstances and the particular actions taken.

To clear up your doubts or concerns, continue reading to learn exactly what constitutes as credit card fraud in Indiana, and who to call if you are currently facing such criminal charges.

Indianapolis Fraud Lawyer 317-636-7514

Indianapolis Fraud Lawyer 317-636-7514

There are Many Forms of Credit Fraud

With the prevalence and popularity of debit and credit cards these days, it is rare to find a person who does not own or use at least one. However, with all of the advancements in technology, particularly wireless and computer innovations, it is easier than ever for someone to commit credit or debit card fraud. In fact, there are thousands of ways to fraudulently use a credit or debit card, in which case, you may be worried if you have done so yourself.

Credit card fraud comes in many forms. For instance, a thief can physically steal another person’s credit card and use it at their own discretion; someone can steal a person’s identity and open up credit cards in their name for personal use; a hacker can steal a person’s PIN directly from their own computer and access their bank accounts; or someone can use an electronic card-skimming device, whether at the checkout line or public bus, to steal credit card information.

What Indiana Law Says

In Indiana, if a person who is not an unauthorized user of a credit or debit card makes transactions with said card, they can be charged with credit card fraud. Here is what is considered credit card fraud under Indiana Code § 35-43-5-4:

Credit Card Fraud Occurs When a Person Intentionally:

⇁ Falsely claims to be an authorized user of another person’s credit or debit card;
⇁ Uses another person’s credit or debit card without permission or proper authorization;
⇁ Uses another person’s credit card knowing that it was stolen or obtained unlawfully;
⇁ Uses a credit card with the knowledge that it is expired, or was forged or revoked;
⇁ Sells a credit card without being an official issuer;
⇁ Falsely claims to be the authorized user before the card is actually issued;

✣ ✣ It is also illegal to own a credit card skimming device.

See Indiana Code Sections 35-43-5-4 and 35-43-5-4.3

Penalties for Fraudulent Credit Card Use

Regardless of how it occurs, credit card fraud is against the law, and if caught, a person faces a long list of possible penalties, such as jail time, probation, community service, restitution, and fines. In Indiana, credit card fraud is a felony. Depending on the unique circumstances of the case, and various other factors, an offender can be convicted of a Level 5 or Level 6 felony. Here are the standard penalties for each:

Level 5 Felony = 1 to 6 years in jail and fines up to $10,000.
Level 6 Felony = 6 months to 2 ½ years in jail and fines up to $10,000.

Facing Fraud Charges in Indiana?

Criminal Defense Lawyer Indianapolis Indiana

Criminal Defense Lawyer 317-636-7514

Call the Law Office of David E. Lewis at 317-636-7514 to schedule a free initial consultation and case evaluation with a licensed Indiana criminal defense lawyer you can trust. During this meeting, which is free of charge, you have the opportunity to sit down with Attorney David E. Lewis and discuss your Indiana credit card fraud charges and the best strategies for your defense. Start as soon as today!