Have you been accused of credit or debit card fraud in Minnesota? We’ll tell you how the law applies to your case, what penalties you may be facing, and how a skilled attorney can help you.
Minnesota Credit and Debit Card Crimes
- Use of a credit or debit card without consent of the owner to obtain anything of value, including property or services
- Use of a public assistance benefit card that is issued to someone else to obtain food stamps, WIC, General Assistance, Medicaid, or any other social welfare benefits
- Attempted use or use of a false or forged debit or credit card
- Giving or selling a credit or debit card without authorization of the owner or issuer
- Possession or reception with the intent to sell or use two or more debit or credit cards that have been issued in another’s name, or are false or forged cards
- Application for a credit or debit card while knowingly using false information
- Application for a public assistance benefit while knowingly making false statements
- Intentional fraud by falsely alerting the issuer to a lost or stolen card
- False alteration or signature of a written document to obtain anything of value from a document about a credit or debit card transaction
It’s also unlawful for an authorized provider of services, goods, money, or anything of value to do the following:
- Knowingly provide anything of value to someone who uses a revoked, expired, or forged credit or debit card, or to a person who has no authorization to use the card
- False representation in writing that anything of value was provided
Talk to a knowledgeable Minnesota attorney to understand how the charges apply in your case.
Penalties for Credit or Debit Card Crimes in Minnesota
Penalties for the above-mentioned crimes generally depend on the value of the property or services obtained, either at one time or within a six-month period. These are the sentencing guidelines:
- Over $35,000 in value: up to 20 years in prison and a fine of up to $100,000
- Value between $2,500 and $35,000: up to 10 years in prison and a fine of up to $20,000
- Value between $250 and $2,500: up to five years in prison and a fine of up to $10,000
- Value under $2,500: up to one year in prison and a fine of up to $3,000
Prior convictions of theft, robbery, burglary, or other related crimes can enhance the charges.
Selling or possessing two or more false cards can result in up to three years in prison and a fine of up to $5,000. Providing false information will result in up to one year in prison and a fine of up to $3,000 even if nothing of value was obtained. If anything of value was obtained, the penalties apply according to the value of the items or services.
You may be able to use the defenses of duress, lack of knowledge, lack of intent, or mental incapacity. A knowledgeable criminal lawyer will know best what strategies are most likely to help in your case.
About the Author:
A former prosecutor and lifelong Minnesotan, Christian Peterson has handled hundreds of criminal cases from both sides of the aisle since he began practicing law in 2006, as well as a wide variety of family law matters. This background allows him to look at situations from all angles and anticipate which arguments the other side may use, increasing his clients’ chances of success. His work has been recognized by the American Society of Legal Advocates, the National Academy of Family Law Attorneys, and National Trial Lawyers, and he has a perfect 10/10 rating from Avvo.