Legal Question in Criminal Law in New Jersey

Credit Card Fraud

my daughter,18,works retail for 6 months. she trained

new girl whose been there a wk and a half. My daughter did refund for a customer and credit card was left behind. Few hrs afterwards new girls boyfriend wants to buy items for girlfriend. My daughter rings it up. He pays with credit crd. Few days later store finds out customer reported credit card missing. The boyfriend paid for all the items with same missing credit card.

Now store district managers are accusing my daughter of being involved with the whole thing all because she rang the sale up. They suspended her and new girl.

This is the first retail job she had and she was never taught to id customers when using credit crds.

She had no idea what was happening. Also, the new girl came in the next day with new tattoos and other new items.

Store district managers are conducting--name removed--investigation.My daughter is afraid they wont beleive her. Shes never been in trouble with the law before and shes studying.

Please advise.


Asked on 10/10/01, 4:38 am

3 Answers from Attorneys

Victor Hobbs Victor E. Hobbs

Re: Credit Card Fraud

Your question is a bit premature. No charges have been filed and I don't have a clue what the police might or might not believe after a criminal investigation is completed.

The matter between the store and your daughter is a civil matter. Since they suffered no lose, and only the loss was suffered by the credit card company. So civily the criedit card company may sue. However, I doubt they will since the chances of recovery is better through criminal action.

So tell your daughter to either claim up and see how it goes, or tell the truth, the whole truth and nothing but the truth to the police. Don't under any circumstances cooperate with the store Security. they are wanna be cops and in my experience they are more interested in convicting someone than in the truth.

Lots of luck

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Answered on 11/21/01, 10:52 pm
Durrell Ciccia Durrell Wachtler Ciccia, Esq.

Re: Credit Card Fraud

In my opinion, based on the information, your daughter has more to worry about than the employment issue. She should be very careful as to who she speaks with and what she says. By now she has probably mades statements to her employer concerning what transpired which will most likely be used in a criminal prosecution, depending on the value of the items illegally charged. I would consider retaining an attorney who could consult with her and possibly accompany her through any police interview. If you wish you discuss this further, you can telephone my office next week.

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Answered on 11/22/01, 9:04 am
Savyon Grant Law Office of Savy Grant

Re: Credit Card Fraud

This could become very serious. IF the item were over $200 it may be charged as a 4th degree offense. 4th degree offense is punishable with up to 18 month in jail or probation. If it is under $200 it is a disorderly person offense. Either may this is considered a criminal offense & she is looking at potentialy having a criminal record.

First of all, she should not speak to anyone. You need to hire a criminal attorney for her right away. I disagree with the other attorney, do not have your daugther speak to the police at all. All she can do is get herself into more problems.

I only handle criminal cases. I was a public defender in Essex County & now I have my own practice in Bergen County. If you are interested in discussing this matter further, I can be reached at 201-646-9600. (Take this seriously, the last thing you should worry about right now is her job!)

Savy Grant

Attorney at Law

www.njcrime.com

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Answered on 11/22/01, 12:36 pm


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