Legal Question in Criminal Law in California

Restitution

If someone buys you a gift with a credit card and the credit card is then paid with stolen money, who is responsible to pay it back? For example, if someone steals money from their company and buys a gift for a friend using a valid credit card and then pays the credit card with that stolen money, is the person who received the gift responsible to give back the gift or pay back the cost of said gift?


Asked on 10/19/02, 7:28 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Restitution

If you're charged with receiving stolen property, you will need to hire a criminal defense attorney, contact me if that happens. If you didn't know of the theft, it is not you that owes restitution, the criminal will have to pay.

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Answered on 10/21/02, 7:36 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Restitution

Thanks for your posting. Only if you participated in the knowledge of obtaining stolen property can you be charged, assuming it can can be proven.

Normally, the credit card company takes on the risk of loss once they approve the transaction. The person stealing from the company may have to pay all losses back, but that is separate from the person who obtained the gift. Thanks, and please feel free to email me with any other questions.

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Answered on 10/19/02, 7:41 pm


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