Posts Tagged ‘Credit Card Fraud’
Ulisa Chavers was arrested in March after authorities found the body of her boyfriend, Reginal Cody Bowles, in a 33-foot-deep well in Mineral. Bowles’ son had reported his father missing in November. Chavers is being held without bond on charges of concealing Bowles’ body, credit-card fraud, identity theft and possession of a sawed-off rifle.
Credit card theft is a very serious crime.
The SRIS Law Group Virginia credit card theft defense attorneys can defend you against any type of credit card fraud charge.
Our Virginia credit card fraud defense lawyers have the experience to defend you against any type of credit card theft charge.
Contact a SRIS Law Group Virginia credit card theft defense lawyer in Virginia.
Computer/Cyber Crimes
Computer/Internet Crimes Defense Lawyers
In Virginia, computer crimes typically fall into five categories: theft offenses, fraud offenses, sex offenses, financial crimes and invasion of privacy offenses. Recently, computer crimes have been on the rise in Virginia. State and federal law enforcement agencies as a result of these computer crimes are aggressively prosecuting cases of this nature.
The SRIS Law Group have experienced computer crimes defense attorneys in Virginia who defend clients in Virginia state courts and federal courts. The SRIS Law Group represents adults and juveniles throughout Virginia who have been charged with the following types of computer crimes. Computer fraud
- Identity theft and credit card fraud
- Computer trespass
- Internet sex crimes: solicitation/child pornography/other
- Computer invasion of privacy
- Using a computer to gather identifying information
- Theft of computer services
- Personal trespass by computer
- Sexting – sending, receiving, or possessing nude photographs of minors on a cell phone
If you have been charged with a computer crime in Virginia and need to speak with an experienced computer crimes defense lawyer in Virginia, contact the SRIS Law Group, P.C. We have offices in Fairfax, Richmond, Virginia Beach, Lynchburg, Manassas & Fredericksburg.
Our Experience Does Makes A Difference
Almost all of our criminal defense lawyers in Virginia are former prosecutors and police officers and they understand the elements that must be established and the method by which prosecutors build their cases.
If you have been charged with a computer crime in Virginia and need skilled computer crimes defense attorneys in Virginia who will work aggressively defend you, call the SRIS Law Group for help.
Two men were charged with credit card fraud
Two men were charged with credit card fraud after a stolen credit card reportedly was used at three stores. Police said a man got a call from his credit card company about suspicious activity involving his card. The card owner then found that his vehicle window was broken and his briefcase and credit card were missing. A police officer went to the businesses where the card was used and identified the users through security video. Stephen E. Rogers, 38, of 704 Virginia Ave. in Martinsburg, and Derek S. Rogers, 26, of 411 Faulkner Ave., Apt. 2, in Martinsburg, were charged with three counts of credit card fraud.
Credit card theft is a very serious crime.
The SRIS Law Group Maryland credit card theft defense attorneys can defend you against any type of credit card fraud charge.
Our Maryland credit card fraud defense lawyers have the experience to defend you against any type of credit card theft charge.
Contact a SRIS Law Group Maryland credit card theft defense lawyer in Maryland.
Defendant’s convictions for credit card fraud
Defendant’s convictions for credit card fraud, under Va. Code Ann. § 18.2-195, were affirmed because the evidence that defendant used ATM cards to make withdrawals from a bank account of his employer’s company without permission and purchased personal items with the cash obtained from the withdrawals was sufficient to support the convictions.
Credit card theft is a very serious crime.
The SRIS Law Group Virginia credit card theft defense attorneys can defend you against any type of credit card fraud charge.
Our Virginia credit card fraud defense lawyers have the experience to defend you against any type of credit card theft charge.
Contact a SRIS Law Group Virginia credit card theft defense lawyer in Virginia.
Md. State Police Warn of Phone Scam
Maryland State Police in Salisbury are warning area residents to be on the alert for a new telephone scam.
Credit card theft is a very serious crime.
The SRIS Law Group Maryland credit card theft attorneys can defend you against any type of credit card fraud charge.
Our Maryland credit card fraud lawyers have the experience to defend you against any type of credit card theft charge.
Contact a SRIS Law Group Maryland credit card theft lawyer in Maryland.
Man stole V’land buses
An online deal to sell five out-of-service buses apparently went bad when the buyer’s check didn’t clear. As a result, the Board of Education shelled out more than $5,000 to recover the vehicles from Virginia.
Credit card theft is a very serious crime.
The SRIS Law Group Virginia credit card theft attorneys can defend you against any type of credit card fraud charge.
Our Virginia credit card fraud lawyers have the experience to defend you against any type of credit card theft charge.
Contact a SRIS Law Group Virginia credit card theft lawyer in Virginia.
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MASSACHUSETTS CRIMINAL LARCENY, MASSACHUSETTS SHOPLIFTING & MASSACHUSETTS EMBEZZLEMENT DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH THEFT CRIMES IN MASSACHUSETTS
No one wants the stigma of being called a thief following them around for the rest of their life. Unfortunately, that is exactly what happens if you are convicted of larceny in Massachusetts, embezzlement in Massachusetts, shoplifting in Massachusetts or plain and simple theft in Massachusetts. Today, almost every employer in Massachusetts wants to know whether you have ever been convicted of a larceny in Massachusetts or embezzlement in Massachusetts. This is especially true if you are seeking employment where you will be handling money. A conviction for any kind of Massachusetts larceny, Massachusetts embezzlement, Massachusetts shoplifting can stop you dead in your tracks if you are applying to a college or university. A lot of people in Massachusetts think that if you are convicted of shoplifting of some petty item, then it is not a big deal to plead guilty because there is little or no jail time at stake. What many people do not realize is that this conviction will be follow them for the rest of their lives. We cannot begin to tell you the number of clients in Massachusetts, that contact us trying to have their criminal record erased for a minor theft crime they committed when they were young and is now hindering them for getting any kind of decent job. Don’t let this happen to you. The SRIS, P.C. Massachusetts criminal defense attorneys who defend clients charged larceny in Massachusetts, embezzlement in Massachusetts or shoplifting in Massachusetts recognize the implication of being convicted of this type of an offense. If you have been charged with a theft offense in Massachusetts, the Massachusetts law offices of SRIS, P.C. have a number of excellent Massachusetts larceny lawyers & Massachusetts shoplifting attorneys & Massachusetts embezzlement defense lawyers in its office in Boston, Massachusetts. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form, or call us at our toll free number (888-437-7747).
BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747
To obtain a general overview of criminal larceny, shoplifting & embezzlement, please click here.
To learn more about the laws pertaining to criminal larceny, shoplifting & embezzlement in Virginia or Maryland, please click on the state.
Below are some of the different types of the Larceny/Shoplifting/Embezzlement laws in the State of Massachusetts:
LARCENY/SHOPLIFTING/EMBEZZLEMENT CRIMES IN THE STATE OF MASSACHUSETTS
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Stealing in trucks, tractors, trailers or freight containers
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Stolen property; refusal to surrender
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Embezzlement of property at fire; effect
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Stealing at a fire; punishment
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Larceny by stealing; punishment; victim sixty-five or older; minimum sentence for repeat offenders
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Motor vehicle or trailer; theft or concealment; operation without owner’s consent after revocation of license; penalty
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Larceny; general provisions and penalties
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Shoplifting; penalty; arrest without warrant
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Signature; obtaining under false pretenses
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Fraudulent conversion of property by captain of vessel
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Larceny; false pretences relating to contracts, banking transactions or credit
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Obtaining computer services by fraud or misrepresentation; penalties
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Larceny; inducement to part with property
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Non-applicability of Secs. 30, 31 and 34
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Fraudulent checks, etc.; drawing or uttering
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Misuse of credit cards; definitions
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Misuse of credit cards; penalties; multiple possession, presumption; arrest
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Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards, multiple possession, presumption; arrest
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Publishing credit card numbering or coding systems
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Use of personal identification of another; identity fraud; penalty; restitution
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Common and notorious thief
MA Code Section 20B. Stealing in trucks, tractors, trailers or freight containers (top)
Section 20B. Whoever steals in a truck, tractor/trailer unit, trailer, semi-trailer or freight container shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars or by imprisonment in jail for not more than two years.
MA Code Section 21. Stolen property; refusal to surrender (top)
Section 21. Whoever, having been convicted, either as principal or accessory, of burglary or robbery, or of any of the crimes described in sections seventeen to twenty, inclusive, of chapter two hundred and sixty-five, or of breaking and entering or of entering a building with intent to commit robbery or larceny, has in his possession or control money, goods, bonds or bank notes, or any paper of value, or any property of another, which was obtained or taken by means of such crime, and, upon being requested by the lawful owner thereof to deliver the same to him, refuses or fails so to do while having power to deliver the same, shall be punished by imprisonment in the state prison for not more than five years or in jail or house of correction for not more than two years.
MA Code Section 23. Embezzlement of property at fire; effect (top)
Section 23. Whoever steals, conveys away or conceals any furniture, goods, chattels, merchandise or effects of persons whose houses or buildings are on fire or are endangered thereby, and does not, within two days thereafter, restore the same or give notice of his possession thereof to the owner, if known, or, if unknown, to the mayor or one of the aldermen, selectmen or firewards of the place, shall be guilty of larceny.
MA Code Section 24. Stealing at a fire; punishment (top)
Section 24. Whoever steals in a building which is on fire, or steals property which has been removed in consequence of an alarm caused by fire, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.
MA Code Section 25. Larceny by stealing; punishment; victim sixty-five or older; minimum sentence for repeat offenders (top)
Section 25. (a) Whoever commits larceny by stealing from the person of a person sixty-five years or older shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.
Whoever, after having been convicted of said crime commits a second or subsequent such crime, shall be punished by imprisonment for not less than two years. Said sentence shall not be reduced until one year of said sentence has been served nor shall the person convicted be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution. The provisions of section eighty-seven of chapter two hundred and seventy-six relating to the power of the court to place certain offenders on probation shall not apply to any person seventeen years of age or over charged with a violation of this subsection.
(b) Whoever commits larceny by stealing from the person of another shall be punished by imprisonment in the state prison for not more than five years or in jail for not more than two and one-half years.
MA Code Section 28. Motor vehicle or trailer; theft or concealment; operation without owner’s consent after revocation of license; penalty (top)
Section 28. (a) Whoever steals a motor vehicle or trailer, whoever maliciously damages a motor vehicle or trailer, whoever buys, receives, possesses, conceals, or obtains control of a motor vehicle or trailer, knowing or having reason to know the same to have been stolen, or whoever takes a motor vehicle without the authority of the owner and steals from it any of its parts or accessories, shall be punished by imprisonment in the state prison for not more than fifteen years or by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than fifteen thousand dollars, or by both such fine and imprisonment.
Evidence that an identifying number or numbers of a motor vehicle or trailer or part thereof has been intentionally and maliciously removed, defaced, altered, changed, destroyed, obliterated, or mutilated, shall be prima facie evidence that the defendant knew or had reason to know that the motor vehicle, or trailer or part thereof had been stolen.
A prosecution commenced under this subdivision shall not be placed on file or continued without a finding and the sentence imposed upon a person convicted of violating this subdivision for a second or subsequent offense shall not be reduced to less than one year imprisonment, nor shall any sentence imposed upon any person be suspended, or reduced, until such person shall have served one year of such sentence if convicted of a second or subsequent such offense.
A person convicted of a second or subsequent offense of violating the provisions of this subdivision shall not be eligible for probation, parole, furlough or work release; provided, however that the commissioner of correction may, on the recommendation of warden, superintendent, or other person in charge of a correctional institution, or the administrator of a county correctional institution, grant to said offender a temporary release in the custody of an officer of such institution for the following purposes: to attend the funeral of next of kin or spouse; to visit a critically ill close relative or spouse; or to obtain emergency medical services unavailable at said institution.
(b) Whoever conceals any motor vehicle or trailer thief knowing him to be such, shall be punished by imprisonment for not more than ten years or by imprisonment in jail or house of correction for not more than two and one-half years or by a fine of not more than five thousand dollars, or both.
(c) A conviction of a violation of this section or any adjudication that a person is a delinquent child by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate. The registrar of motor vehicles after having revoked the license or right to operate of any such person so convicted or adjudged shall issue a new license or reinstate such right to operate, if the prosecution of such person is finally terminated in his favor; otherwise, no new license shall be issued nor shall such right to operate be reinstated until one year after the date of revocation following his original conviction or adjudication if for a first offense, or until five years after the date of revocation following any subsequent conviction or adjudication.
MA Code Section 30. Larceny; general provisions and penalties (top)
Section 30. (1) Whoever steals, or with intent to defraud obtains by a false pretence, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another as defined in this section, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the property stolen is a firearm, as defined in section one hundred and twenty-one of chapter one hundred and forty, or, if the value of the property stolen exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years; or, if the value of the property stolen, other than a firearm as so defined, does not exceed two hundred and fifty dollars, shall be punished by imprisonment in jail for not more than one year or by a fine of not more than three hundred dollars; or, if the property was stolen from the conveyance of a common carrier or of a person carrying on an express business, shall be punished for the first offence by imprisonment for not less than six months nor more than two and one half years, or by a fine of not less than fifty nor more than six hundred dollars, or both, and for a subsequent offence, by imprisonment for not less than eighteen months nor more than two and one half years, or by a fine of not less than one hundred and fifty nor more than six hundred dollars, or both.
(2) The term “property”, as used in the section, shall include money, personal chattels, a bank note, bond, promissory note, bill of exchange or other bill, order or certificate, a book of accounts for or concerning money or goods due or to become due or to be delivered, a deed or writing containing a conveyance of land, any valuable contract in force, a receipt, release or defeasance, a writ, process, certificate of title or duplicate certificate issued under chapter one hundred and eighty-five, a public record, anything which is of the realty or is annexed thereto, a security deposit received pursuant to section fifteen B of chapter one hundred and eighty-six, electronically processed or stored data, either tangible or intangible, data while in transit, telecommunications services, and any domesticated animal, including dogs, or a beast or bird which is ordinarily kept in confinement.
(3) The stealing of real property may be a larceny from one or more tenants, sole, joint or in common, in fee, for life or years, at will or sufferance, mortgagors or mortgagees, in possession of the same, or who may have an action of tort against the offender for trespass upon the property, but not from one having only the use or custody thereof. The larceny may be from a wife in possession, if she is authorized by law to hold such property as if sole, otherwise her occupation may be the possession of the husband. If such property which was of a person deceased is stolen, it may be a larceny from any one or more heirs, devisees, reversioners, remaindermen or others, who have a right upon such deceased to take possession, but not having entered, as it would be after entry. The larceny may be from a person whose name is unknown, if it would be such if the property stolen were personal, and may be committed by those who have only the use or custody of the property, but not by a person against whom no action of tort could be maintained for acts like those constituting the larceny.
(4) Whoever steals, or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, secretes, unlawfully takes, carries away, conceals or copies with intent to convert any trade secret of another, regardless of value, whether such trade secret is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall be punished by imprisonment in the state prison for not more than five years, or by a fine of not more than twenty-five thousand dollars and imprisonment in jail for not more than two years. The term “trade secret” as used in this paragraph means and includes anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.
(5) Whoever steals or with intent to defraud obtains by a false pretense, or whoever unlawfully, and with intent to steal or embezzle, converts, or secretes with intent to convert, the property of another, sixty years of age or older, or of a person with a disability as defined in section thirteen K of chapter two hundred and sixty-five, whether such property is or is not in his possession at the time of such conversion or secreting, shall be guilty of larceny, and shall, if the value of the property exceeds two hundred and fifty dollars, be punished by imprisonment in the state prison for not more than ten years or in the house of correction for not more than two and one-half years, or by a fine of not more than fifty thousand dollars or by both such fine and imprisonment; or if the value of the property does not exceed two hundred and fifty dollars, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars or by both such fine and imprisonment. The court may order, regardless of the value of the property, restitution to be paid to the victim commensurate with the value of the property.
MA Code Section 30A. Shoplifting; penalty; arrest without warrant (top)
Section 30A. Any person who intentionally takes possession of, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of the possession, use of benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or
any person who intentionally conceals upon his person or otherwise any merchandise offered for sale by any store or other retail mercantile establishment with the intention of depriving the merchant of proceeds, use or benefit of such merchandise or converting the same to the use of such person without paying to the merchant the value thereof; or
any person who intentionally alters, transfers or removes any label, price tag or marking indicia of value or any other markings which aid in determining value affixed to any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment and to attempt to purchase such merchandise personally or in consort with another at less than the full retail value with the intention of depriving the merchant of all or some part of the retail value thereof; or
any person who intentionally transfers any merchandise displayed, held, stored or offered for sale by any store or other retail mercantile establishment from the container in or on which the same shall be displayed to any other container with intent to deprive the merchant of all or some part of the retail value thereof; or
any person who intentionally records a value for the merchandise which is less than the actual retail value with the intention of depriving the merchant of the full retail value thereof; or
any person who intentionally removes a shopping cart from the premises of a store or other retail mercantile establishment, without the consent of the merchant given at the time of such removal, with the intention of permanently depriving the merchant of the possession, use or benefit of such cart; and where the retail value of the goods obtained is less than one hundred dollars, shall be punished for a first offense by a fine not to exceed two hundred and fifty dollars, for a second offense by a fine of not less than one hundred nor more than five hundred dollars and for a third or subsequent offense by a fine of not more than five hundred dollars or imprisonment in a jail for not more than two years, or by both such fine and imprisonment. Where the retail value of the goods obtained equals or exceeds one hundred dollars, any violation of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment in the house of correction for not more than two and one-half years, or by both such fine and imprisonment.
If the retail value of the goods obtained is less than one hundred dollars, this section shall apply to the exclusion of section thirty.
Law enforcement officers may arrest without warrant any person he has probable cause for believing has committed the offense of shoplifting as defined in this section. The statement of a merchant or his employee or agent that a person has violated a provision of this section shall constitute probable cause for arrest by any law enforcement officer authorized to make an arrest in such jurisdiction.
MA Code Section 31. Signature; obtaining under false pretenses (top)
Section 31. Whoever by a false pretence, with intent to defraud, obtains the signature of a person to a written instrument, the false making whereof would be a forgery, shall be punished by imprisonment in the state prison for not more than ten years, or by a fine of not more than five hundred dollars and imprisonment in the jail for not more than two years.
MA Code Section 32. Fraudulent conversion of property by captain of vessel (top)
Section 32. Whoever, being a captain of a vessel, embezzles or fraudulently converts or appropriates money, goods or property, held or possessed by or delivered to him, which belong wholly or in part to the crew of such vessel, the owners of the vessel, or to those who have furnished supplies to the vessel, although he is a joint charterer or co-partner with the members of the crew or with the owners of the vessel, or with the person who furnished the supplies, shall be guilty of larceny.
MA Code Section 33. Larceny; false pretences relating to contracts, banking transactions or credit (top)
Section 33. (1) Whoever, with intent to defraud, obtains by a false pretence the making, acceptance or endorsement of a bill of exchange or promissory note, the release or substitution of collateral or other security, an extension of time for the payment of an obligation, or the release or alteration of the obligation of a written contract, or (2) whoever, with intent to defraud, by a false statement in writing respecting the financial condition, or means or ability to pay, of himself or of any other person, obtains credit from any bank or trust company or any banking institution or any retail seller of goods or services accustomed to give credit in any form whatsoever shall be guilty of larceny.
MA Code Section 33A. Obtaining computer services by fraud or misrepresentation; penalties (top)
Section 33A. Whoever, with intent to defraud, obtains, or attempts to obtain, or aids or abets another in obtaining, any commercial computer service by false representation, false statement, unauthorized charging to the account of another, by installing or tampering with any facilities or equipment or by any other means, shall be punished by imprisonment in the house of correction for not more than two and one-half years or by a fine of not more than three thousand dollars, or both. As used in this section, the words “commercial computer service” shall mean the use of computers, computer systems, computer programs or computer networks, or the access to or copying of the data, where such use, access or copying is offered by the proprietor or operator of the computer, system, program, network or data to others on a subscription or other basis for monetary consideration.
MA Code Section 34. Larceny; inducement to part with property (top)
Section 34. Whoever, with intent to defraud and by a false pretence, induces another to part with property of any kind or with any of the benefits described in the preceding section shall be guilty of larceny.
MA Code Section 35. Non-applicability of Secs. 30, 31 and 34 (top)
Section 35. Sections thirty, thirty-one and thirty-four shall not apply to a purchase of property by means of a false pretence relative to the purchaser’s means or ability to pay, if, by the terms of the purchase, payment therefor is not to be made upon or before the delivery of the property purchased, unless such pretence is made in writing and is signed by the person to be charged.
MA Code Section 37. Fraudulent checks, etc.; drawing or uttering (top)
Section 37. Whoever, with intent to defraud, makes, draws, utters or delivers any check, draft or order for the payment of money upon any bank or other depositary, with knowledge that the maker or drawer has not sufficient funds or credit at such bank or other depositary for the payment of such instrument, although no express representation is made in reference thereto, shall be guilty of attempted larceny, and if money or property or services are obtained thereby shall be guilty of larceny. As against the maker or drawer thereof, the making, drawing, uttering or delivery of such a check, draft or order, payment of which is refused by the drawee, shall be prima facie evidence of intent to defraud and of knowledge of insufficient funds in, or credit with, such bank or other depositary, unless the maker or drawer shall have paid the holder thereof the amount due thereon, together with all costs and protest fees, within two days after receiving notice that such check, draft or order has not been paid by the drawee. The word “credit”, as used herein, shall be construed to mean an arrangement or understanding with the bank or depositary for the payment of such check, draft or order.
MA Code Section 37A. Misuse of credit cards; definitions (top)
Section 37A. As used in sections thirty-seven A to thirty-seven C, inclusive, the following words shall have the following meanings, unless the context otherwise requires:
“Cardholder”, the person named on the face of a credit card to whom or for whose benefit the credit card is issued by an issuer.
“Credit card”, any instrument or device, whether known as a credit card, credit plate, or by any other name, issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services or anything else of value on credit.
“Expired credit card”, a credit card which is no longer valid because the term shown on its face has elapsed.
“Falsely embosses”, completion of a credit card, without the authorization of the named issuer, by adding any of the matter, other than the signature of the cardholder, which an issuer requires to appear on the credit card before it can be used by a cardholder.
“Falsely makes”, making or drawing, in whole or in part, a device or instrument which purports to be the credit card of a named issuer but which is not such a credit card because the issuer did not authorize the making or drawing, or altering a credit card which was validly issued.
“Incomplete credit card”, a credit card that does not contain all of the matter that must be stamped, embossed, imprinted or written on said card other than the signature, as required by the issuer before it can be used by a cardholder.
“Issuer”, the business organization or financial institution which issues a credit card or his duly authorized agent.
“Receives” or “receiving”, acquiring possession or control or accepting as security for a loan.
“Revoked credit card”, a credit card which is no longer valid because permission to use it has been suspended or terminated by the issuer.
MA Code Section 37B. Misuse of credit cards; penalties; multiple possession, presumption; arrest (top)
Section 37B. Whoever, with intent to defraud, (a) makes or causes to be made, either directly or indirectly, any false statement as to a material fact in writing, knowing it to be false and with intent that it be relied on, respecting his identity or that of any other person, or his financial condition or that of any other person, for the purpose of procuring the issuance of a credit card, or (b) takes a credit card from the person, possession, custody or control of another without the cardholder’s consent by any conduct which would constitute larceny, or who, with knowledge that it has been so taken, receives the credit card with intent to use it or to sell it, or to transfer it to a person other than the issuer or cardholder, or (c) receives a credit card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder, and who retains possession with intent to use it or to sell it or to transfer it to a person other than the issuer or the cardholder, or (d) being a person other than the issuer or his authorized agent, sells a credit card, or buys a credit card from a person other than the issuer or his authorized agent, or (e) being a person other than the cardholder or a person authorized by him, signs a credit card, or (f) uses, for the purpose of obtaining money, goods, services or anything else of value, a credit card obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked, where the value of money, goods or services obtained in violation of this section is not in excess of two hundred and fifty dollars, or (g) obtains money, goods, services or anything else of value by representing without the consent of the cardholder that he is said cardholder or by representing that he is the holder of a card and such card has not in fact been issued, where the value of money, goods or services obtained is not in excess of two hundred and fifty dollars, or (h) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employees of such person, furnishes money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained or retained in violation of clauses (b) to (e), inclusive, or a credit card which he knows is forged, expired or revoked where the value of the goods or services obtained is not in excess of two hundred and fifty dollars, or (i) being a person who is authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder, or any agent or employee of such person, fails to furnish money, goods, services or anything else of value which he represents in writing to the issuer that he has furnished, and the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished does not exceed two hundred and fifty dollars, or (j) receives money, goods, services or anything else of value obtained in violation of clauses (f) to (i), inclusive, or (k) makes a false statement in reporting a credit card to be lost or stolen, shall be punished by a fine of not more than five hundred dollars or by imprisonment in a jail or house of correction for not more than one year or both.
Whoever has in his possession or under his control stolen credit cards issued in the names of four or more other persons shall be presumed to have violated clause (b).
Whoever is discovered by a police officer in the act of violating this section, while such officer is lawfully at or within the place where such violation occurs, may be arrested without a warrant by such police officer.
MA Code Section 37C. Fraudulent use of credit cards to obtain money, goods or services; false embossment of credit cards, multiple possession, presumption; arrest (top)
Section 37C. Whoever, with intent to defraud, (a) obtains control over a credit card as security for debt, or (b) receives a credit card which he knows was taken or retained under circumstances which constitute credit card theft or a violation of clauses (a) or (d) of section thirty-seven B or clause (a) of this section, or (c) falsely makes or falsely embosses a purported credit card or utters such a credit card, or (d) obtains money, goods, services or anything else of value by use of a credit card obtained or retained in violation of clauses (b) to (e), inclusive, of section thirty-seven B, or by use of a credit card which he knows is forged, expired or revoked, where the value of the money, goods or services obtained in violation of this section is in excess of two hundred and fifty dollars, or (e) obtains money, goods or services or anything else of value by representing without the consent of the cardholder that he is said cardholder or by representing that he is the holder of a card and such card has not in fact been issued, where the value of money, goods or services obtained in violation of this section is in excess of two hundred and fifty dollars, or (f) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card which he knows was obtained in violation of subsections (b) to (e), inclusive, of section thirty-seven B, or a credit card which he knows is forged, expired or revoked, when the value of the money, goods or services obtained is in excess of two hundred and fifty dollars, or (g) being a person authorized by an issuer to furnish money, goods, services or anything else of value upon presentation of a credit card by the cardholder or any agent or employee of such person, fails to furnish money, goods or services or anything else of value which he represents in writing to the issuer that he has furnished, and the difference between the value of all money, goods, services and anything else of value actually furnished and the value represented to the issuer to have been furnished exceeds two hundred and fifty dollars, or (h) receives money, goods, services or anything else of value obtained in violation of subsections (f) or (g) of section thirty-seven B, or (i) possesses one or more incomplete credit cards, intending to complete them without the consent of the issuer, or (j) possesses, with knowledge of its character, machinery, plates or any other contrivance designed to reproduce instruments purporting to be the credit cards of an issuer who has not consented to the preparation of such credit cards, shall be punished by a fine of not more than two thousand dollars, or by imprisonment in a jail or house of correction for not more than two and one half years or in the state prison for not more than five years, or by both such fine and imprisonment.
Whoever has in his possession or under his control four or more credit cards which are falsely embossed shall be presumed to have violated clause (c).
Whoever is discovered by a police officer in the act of violating this section, while such officer is lawfully at or within the place where such violation occurs, may be arrested without a warrant by such police officer.
MA Code Section 37D. Publishing credit card numbering or coding systems (top)
Section 37D. Whoever publishes or causes to be published the number or code of an existing, canceled, revoked, expired, or nonexistent credit card issued by a public utility company or the numbering or coding system which is employed in the issuance of such credit cards, or any method, scheme, instruction or information on how to fraudulently avoid payment for telecommunication services, with the intent that such number or coding system or information be used or with knowledge that such system or information are to be used to fraudulently avoid the payment of any lawful charges imposed by a public utility company shall be punished by a fine not exceeding two thousand dollars or by imprisonment for not more than twelve months, or both.
As used in this section, “publishes” means the communication of information to any one or more persons, either orally, in person, or by telephone, radio, or television, or in a writing of any kind, including a letter or memorandum, circular, poster, or handbill, newspaper or magazine article, or book with the intent that such information be used or employed in violation of this section.
MA Code Section 37E. Use of personal identification of another; identity fraud; penalty; restitution (top)
Section 37E. (a) For purposes of this section, the following words shall have the following meanings:—
“Harass”, willfully and maliciously engage in an act directed at a specific person or persons, which act seriously alarms or annoys such person or persons and would cause a reasonable person to suffer substantial emotional distress.
“Personal identifying information”, any name or number that may be used, alone or in conjunction with any other information, to assume the identity of an individual, including any name, address, telephone number, driver’s license number, social security number, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, credit card number or computer password identification.
“Pose”, to falsely represent oneself, directly or indirectly, as another person or persons.
“Victim”, any person who has suffered financial loss or any entity that provided money, credit, goods, services or anything of value and has suffered financial loss as a direct result of the commission or attempted commission of a violation of this section.
(b) Whoever, with intent to defraud, poses as another person without the express authorization of that person and uses such person’s personal identifying information to obtain or to attempt to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
(c) Whoever, with intent to defraud, obtains personal identifying information about another person without the express authorization of such person, with the intent to pose as such person or who obtains personal identifying information about a person without the express authorization of such person in order to assist another to pose as such person in order to obtain money, credit, goods, services, anything of value, any identification card or other evidence of such person’s identity, or to harass another shall be guilty of the crime of identity fraud and shall be punished by a fine of not more than $5,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.
(d) A person found guilty of violating any provisions of this section shall, in addition to any other punishment, be ordered to make restitution for financial loss sustained by a victim as a result of such violation. Financial loss may include any costs incurred by such victim in correcting the credit history of such victim or any costs incurred in connection with any civil or administrative proceeding to satisfy any debt or other obligation of such victim, including lost wages and attorney’s fees.
(e) A law enforcement officer may arrest without warrant any person he has probable cause to believe has committed the offense of identity fraud as defined in this section.
MA Section 40. Common and notorious thief (top)
Section 40. Whoever, having been convicted, upon indictment, of larceny or of being accessory to larceny before the fact, afterward commits a larceny or is accessory thereto before the fact, and is convicted thereof upon indictment, and whoever is convicted at the same sitting of the court, as principal or accessory before the fact, of three distinct larcenies, shall be adjudged a common and notorious thief, and shall be punished by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years.
Our attorneys who defend clients charged with larceny in Massachusetts, embezzlement in Massachusetts and shoplifting in Massachusetts and staff in Boston, Massachusetts, speak the following languages in addition to English:Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
ATTORNEYS DEFENDING
Virginia Larceny, Virginia Embezzlement, Virginia Shoplifting, Virginia Credit Card fraud, Maryland Larceny, Maryland Embezzlement, Maryland Shoplifting, Maryland Credit Card fraud, Massachusetts Larceny, Massachusetts Embezzlement, Massachusetts Shoplifting & Massachusetts Credit Card fraud
Larceny (theft) is the taking of anything that has value without the consent of the owner. To be convicted of theft/larceny in Virginia, theft/larceny in Maryland or theft/larceny in Massachusetts, the taking must be coupled with the intent to permanently deprive the owner of the property. In Virginia, Maryland & Massachusetts, the law defines larceny as either grand larceny or petty larceny. The term grand larceny vs. petty larceny is used to identify the minimum threshold value of the item stolen. If a person is accused of shoplifting, in Virginia, shoplifting in Maryland or shoplifting in Massachusetts, the person can be charged with either grand larceny or petty larceny. The value of the stolen property in Virginia, Maryland & Massachusetts will determine whether the person will be charged with grand larceny or petty larceny. Virginia still spells petty larceny as petit larceny. In some states, such as Virginia, the minimum threshold for a person to be charged for grand larceny is only $200. A grand larceny in Virginia is treated as a felony.
If you wish to speak with a Maryland criminal larceny defense lawyer, Massachusetts criminal larceny defense attorney or Virginia criminal larceny defense attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.
The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.
Our offices in Virginia are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
Our offices in Maryland are located in Rockville & Baltimore.
Our office in Massachusetts is located in Boston.
If you wish to view some of the laws that pertain to being accused of committing a larceny in Virginia, larceny in Maryland and larceny in Massachusetts, please click on the following links:
Virginia Larceny Crimes Defense
Maryland Larceny Crimes Defense
Massachusetts Larceny Crimes Defense
To better serve you, we have larceny defense lawyers in Virginia, larceny defense lawyers in Maryland and larceny defense lawyers in Massachusetts. Please click on the link to view our different office locations.
If you wish to speak with a Virginia larceny defense attorney, Maryland larceny defense attorney & Massachusetts larceny defense attorney please call us at 888-437-7747, email us or contact us via our fast on line form.
Our Maryland theft/larceny defense attorneys, Massachusetts theft/larceny defense attorneys & Virginia theft/larceny defense attorneys who provide larceny defense and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.
Our attorneys are licensed to handle larceny cases in Virginia, Maryland, D.C. & Massachusetts, however we only defend theft/larceny cases in Virginia, theft/larceny cases in Maryland & theft/larceny cases in Massachusetts at the present time.
Please click on attorneys to learn more about the criminal defense lawyers who assist clients with larceny/embezzlement/shoplifting/credit card fraud offenses in Virginia, Maryland or Massachusetts.
MARYLAND LARCENY ATTORNEYS
DEFENDING MARYLAND LARCENY/MARYLAND THEFT/MARYLAND SHOPLIFTING/MARYLAND CREDIT CARD FRAUD/MARYLAND EMBEZZLEMENT CHARGES
MARYLAND MISDEMEANOR AND FELONY THEFT DEFENSE
The penalty for a crime of mortal turpitude extends far beyond the conviction. A crime of moral turpitude is lying cheating or stealing in general. Almost every job that involves the handling of money asks whether you have been convicted of a theft crime. Institutions of higher learning do the same. Answer yes to these questions and you probably will not like the result. Theft of a even something so inexpensive as a candy bar whether you are juvenile or an adult can have dire results in regards to your future. The Maryland larceny defense attorneys in our Maryland offices who help defend clients charged with Maryland theft offenses recognize the implication of being convicted of a Maryland larceny offense. If you have been charged with a Maryland theft offense, the Maryland law offices of SRIS, P.C. have a number of excellent Maryland larceny & Maryland shoplifting attorneys & Maryland embezzlement defense lawyers in its offices in Rockville & Baltimore. For more information or to make an appointment with SRIS, P.C. Maryland larceny lawyer, please call, send an e-mail or complete the on-line form, or call us at our toll free number.
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ANNAPOLIS, MARYLAND OFFICE: |
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To obtain a general overview of larceny, shoplifting, and embezzlement defense, please click here.
To learn more about the laws pertaining to larceny, shoplifting, and embezzlement in Virginia or Massachusetts, please click on the state.
The following are some of the different types of larceny charges one could face in the State of Maryland. Click on the issue you would like to learn more about:
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Rules of construction
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Unauthorized removal of property
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Prosecution as theft
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Failure to deliver documents for merchandise
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Using vehicle without owner’s consent
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Misappropriation by bailee
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Defalcation
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Fraud, theft, and related crimes
MARYLAND LARCENY
CRIMES INVOLVING THEFT (LARCENY)
MD Larceny Code, Criminal Law § 7-102. Rules of construction (top)
Interpretation of part
(a) Conduct described as theft in this part constitutes a single crime and includes the separate crimes formerly known as:
(1) larceny;
(2) larceny by trick;
(3) larceny after trust;
(4) embezzlement;
(5) false pretenses;
(6) shoplifting; and
(7) receiving stolen property.
MD Larceny Code § 7-203. Unauthorized removal of property (top)
Prohibited
(a) Without the permission of the owner, a person may not enter or be on the premises of another, and take and carry away from the premises or out of the custody or use of the other, or the other’s agent, or a governmental unit any property, including:
(1) a vehicle;
(2) a motor vehicle;
(3) a vessel; or
(4) livestock.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction:
(1) is subject to imprisonment for not less than 6 months and not exceeding 4 years or a fine not less than $50 and not exceeding $100 or both; and
(2) shall restore the property taken and carried away in violation of this section or, if unable to restore the property, shall pay to the owner the full value of the property.
Prohibited defense
(c) It is not a defense to this section that the person intends to hold or keep the property for the person’s present use and not with the intent of appropriating or converting the property.
MD Larceny Code § 7-107. Bad checks–Prosecution as theft (top)
Scope of section
(a) A person who obtains property or a service by a bad check under the circumstances described in Title 8, Subtitle 1 of this article may not be prosecuted for theft under this part unless that person:
(1) makes a false representation that there are sufficient funds in the drawer bank to cover the check; and
(2) commits deception as provided under § 7-104(b) or (e) of this part.
Presumptions
(b) If a person is prosecuted for theft under this section, the presumptions of § 8-104 of this article apply to the same extent as if the person were prosecuted under § 7-104 of this part.
MD Larceny Code § 7-116. Failure to deliver documents for merchandise (top)
Scope of section
(a) This section applies to a person who is entrusted with money as an advance against grain or other merchandise:
(1) that is purchased and stored in an elevator; and
(2) for which a certificate or receipt has been delivered to an official of the elevator storage facility or to the party with whom the grain or other merchandise is stored for shipment and transport to the purchaser.
Prohibited
(b) A person may not, for the person’s own benefit and in bad faith, fail to deliver to the party who entrusted the person with money under the circumstances described in subsection (a) of this section as soon as the shipment of grain or other merchandise is completed and the bill of lading is delivered to the purchaser:
(1) the draft or bill of exchange and other document required for shipment of the cargo of grain or other merchandise; and
(2) any policy of insurance on the grain or other merchandise.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment for not less than 1 year and not exceeding 10 years or a fine not less than $500 and not exceeding $5,000 or both.
Statute of limitations and in banc review
(d) A person who violates this section is subject to § 5-106(b) of the Courts Article.
MD Larceny Code, Transportation, § 14-102. Using vehicle without owner’s consent (top)
(a) A person may not drive any vehicle without the consent of its owner and with intent to deprive the owner temporarily of his possession of the vehicle, even if without intent to steal it.
(b) A person may not take a vehicle without the consent of the owner of the vehicle and with the intent to deprive the owner temporarily of the owner’s possession of the vehicle, even if without the intent to steal the vehicle.
(c) The consent of the owner of a vehicle to the driving or taking of the vehicle may not in any case be presumed or implied because of the owner’s consent on a previous occasion to the driving or taking of the vehicle by the same or a different person.
MD Larceny Code § 7-202. Misappropriation by bailee (top)
Prohibited
(a) A bailee for hire, or a servant, agent, or employee of the bailee, may not willfully appropriate and use, or allow the appropriation and use of, any property that is the subject matter of the bailment without the consent of the owner of that property.
Penalty
(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $100 or both.
MD Larceny Code § 7-114. Defalcation (top)
Prohibited
(b) A revenue officer may not willfully detain and neglect to pay money due to the State, a county, or other governmental entity into the Treasury of the State or a county or to another revenue officer authorized to receive the money longer than:
(1) 60 days after the date specified by law for the revenue officer to make payment; or
(2) 6 months after the date that the money is collected, if the law does not specify a date for the revenue officer to make payment.
Penalty
(c)(1) A revenue officer who violates this section is guilty of the misdemeanor of defalcation.
(2) On conviction, and unless the revenue officer pays the amount in default sooner, a revenue officer who violates this section:
(i) for each violation, is subject to imprisonment for not less than 1 year and not exceeding 5 years; and
(ii) is subject to any other penalty provided by law.
Statute of limitations and in banc review
(d) A revenue officer who violates this section is subject to § 5-106(b) of the Courts Article.
Evidence(e) In a prosecution under this section, a certificate of the Comptroller of the State or of a revenue officer of a county showing that the defendant is a defaulter is admissible as prima facie evidence of defalcation under this section.
MD Larceny Code § 1-401. Proof of intent–Fraud, theft, and related crimes (top)
In a trial for counterfeiting, issuing, disposing of, passing, altering, stealing, embezzling, or destroying any kind of instrument, or theft by the obtaining of property by false pretenses, it is sufficient to prove that the defendant did the act charged with an intent to defraud without proving an intent by the defendant to defraud a particular person.
The Maryland larceny attorneys and Law Offices of SRIS, P.C., are located in Rockville & Baltimore but our sphere of activity is statewide. Our Maryland Larceny & Maryland Embezzlement attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C. Maryland theft defense lawyer, please call, send an e-mail or complete the on-line form.
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