Legal Question in Criminal Law in New York

Credit card fraud

My ex-husband gave me what I thought was his credit card number to pay bills and make purchases online not being aware that he had acquired the credit card using his daughter--name removed--information. Do I have any criminal liability? Can I be arrested. Scared to death.


Asked on 7/12/07, 1:56 pm

3 Answers from Attorneys

Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Credit card fraud

In reading the above advice, I believe that while in the long run repayment and apology will be in your best interest, doing it orally or in writing is just as bad.

DO NOT MAKE ANY ADMISSIONS NOW. CONTACT A LAWYER IMMEDIATELY. He can apologize and make the payment from his escrow ( you provide the money). His statements will not be held against you. DO NOT CALL THE CC COMPANY.

If you would like our help in accomplishing these acts and for further representation, you may reach me through the links below.

Good Luck.

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Answered on 7/13/07, 7:36 am
Christopher Hoyt The Law Offices of Christopher W. Hoyt

Re: Credit card fraud

It is possible you may be arrested, although you have potential defenses. You should not make statements to anyone about this case. If the police or credit company contact you then it is important you obtain an attorney who can help you determine if you should make a statement. Please feel free to contact my office if we may be of assistance in this case.

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Answered on 7/12/07, 2:10 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Credit card fraud

In the abstract / in theory you have committed no criminal acts. But real life is different from theory.

1. I assume you stopped using the credit card number immeditaely on learning that your ex had no authority to give you access.

2. You must contact the actual card holder and make an offer to pay her for at least some of your purchases. If you do not have her number or address, call the credit card company and ask to talk to their fraud department.

If you send some money (at least 1/3) you will have insulated yourself about 99.9% from any criminal trouble.

Initiating (taking the initiative) in contacting the owner and the credit card company even if you don't pay back any money can be very helpful in defending against any criminal charges. Alerting the owner and company and apologizing can be very helpful to you in the future.

If you talk to the credit card company, DO NOT ADMIT TO ANY SPECIFIC PURCHASES IN WRITING. Avoid anything in writing without the assistance of a lawyer.

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Answered on 7/12/07, 2:24 pm


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