Credit Card Fraud Law

Credit card fraud is a criminal offense defined as the deceptive or unauthorized use of another person's credit card in order to steal money, goods or services. Credit card fraud law ensures that these criminal offenses are met with the appropriate punishment. Because of the increasing incidences of credit card in the United States, the federal and state government are in concerted efforts to penalize the offenders by enacting statutes preventing these crimes in all levels of government and utilizing both the local police and the U.S. Secret Service to enforce these laws.

Credit card fraud may be committed in three ways: (1) by fraudulently obtaining and using someone else's credit card or card information; (2) by using his own card knowing the card has been revoked or is expired; and (3) by selling goods or services using a card without authority or was illegally obtained.

Credit card fraud can be categorized into two: (1) card present, where the actual card is stolen and used, and (2) card not present, when only the credit card number and information are stolen and used.

In order to gain possession of the actual credit card, the thief may actually steal the card or perform acts that will result to him gaining possession of the credit card, such as applying for a credit card under the victim's name or seeking for a replacement card by modifying the victim's address. Because credit cards can be used online or over the phone, card not present cases are difficult to pursue. Card not present crimes are also often organized crimes as the card numbers and other important information are obtained usually through ATMs and gas pump terminals. Moreover, card numbers and details can also be obtained through phishing or fake websites appearing like legitimate sites.

Penalties accompanying conviction from credit card fraud vary from state to state. State legislation also does not provide for specific penalties for credit card fraud convictions. Rather, the total dollar value of the items obtained determines the penalties. In most states, the value obtained through credit card fraud can elevate the act from misdemeanor, when no property is obtained or when the amount of the property does not exceed $500, to felony, when the value of the property is significant. A maximum fine of $1,000 and a prison term of up to one year accompany a misdemeanor, while a fine of $25,000 and a prison term of 15 years accompany a felony.

If facing prosecution for credit card fraud, it is imperative to hire the services of credit card fraud law attorneys to minimize the horrible experience. With credit card fraud being rampant today, courts are inclined not to treat those charged with these crimes leniently. Being charged with credit card fraud has serious impact on the individual as this can lead to embarrassment, especially as there abundance of media coverage on these cases. A credit card fraud law attorney can review the prosecutor's evidences and spot any discrepancies, which, no matter how minor, may lead to a reduced penalty and jail term.


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Customs Law - Legal Information and Resources

Customs Law

The United States is a free country, allowing most goods to enter and leave the country for trading. The U.S. Bureau of Customs and Border Protection has authority over international trading and compliance of import regulation. American customs law is composed primarily of the U.S. Customs Duties Code (Title 19 of the U.S. Code), tariff schedule, proposed legislation, CBP decisions, CBP rulings, judicial decisions, and treaties and international agreements. Administrative materials also comprise customs law. There are other federal agencies that regulate imports, such as the Environmental Protection Agency for automobiles, and the Bureau of Alcohol, Tobacco, and Firearms for wines.

The CBP is strict in the implementation of custom laws. The government imposes about 3% of the value of the imported good, although the tariff can reach as high as 81% on certain goods. The federal government has a list on items that cannot be brought inside the United States. These products include endangered wildlife and items made from endangered wildlife, such as ivory from elephants and rhinoceros and feathers from wild birds. Individuals found to have been carrying these items will be fined or imprisoned, depending on the item brought in. The law, however, provides for exceptions. In the case of ivory, an individual may bring back an object made of ivory if the item is antique, which means the item is at least 100 years old. There must be proper documentation to prove that such item is antique. Without the proper documentation, the item cannot get inside the United States and the bringer may be subjected to fines or imprisonment. The government also has a list of "duty-free" items, which means these products are exempt for tax payments. In addition, American residents traveling abroad can freely import cigarettes, cigar and alcoholic beverages if the total value of these items do not exceed a certain amount.

Importation of prohibited or contraband goods is a criminal offense in the United States. The most common violations of customs are law: false declarations, exporting violations, importing violations, and smuggling. False declarations usually occur following a trip abroad. All items, including gifts, brought in by residents and travelers from outside the United States must be declared. One item missed out in the declaration can be considered misrepresentation or false declaration and can be considered a violation of custom laws. Exporting and importing require licenses obtained from the appropriate government agency. Without the proper license, an individual or a corporation cannot export or import. Smuggling occurs when somebody brings to the United States an item that is considered prohibited.

The law punishes violations of customs law with a fine that can range from a thousand dollars to a million dollars and prison time of 10 years per offense. When faced with a customs law violation, it is best to seek the help of an expert customs law attorney. Customs violations is a serious offense with grave consequences. A defense attorney with knowledge on customs law should best argue for persons charged with customs law violations.


Areas of Law