Fraud Attorneys Serving Millersville, Maryland
Fraud is a broad term, which refers to any false statements or activity that is intended to deceive an individual or entity as a means of avoiding a loss or incurring a gain, typically a financial gain. With the rising use of technology for financial transactions, fraud has risen to epidemic levels in America. In response, state and federal legislators have passed tough laws that impose harsh penalties and steep fines on those who commit fraud. There are many different types of fraud, some of which are discussed below.
For more information on Fraud In Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking and talk to Arnold F. Phillips by calling today. We serve the areas of Millersville, Cumberland, McHenry, Garrett County, and Allegany County, Maryland.
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Schedule a Free ConsultationCredit Card Fraud
Credit card fraud occurs when a person uses a stolen, lost, counterfeit, or invalid credit or debit card to make a purchase or receive cash. An estimated 25 million Americans fall victim to credit card fraud each year. Because this type of fraud has become so prevalent in the U.S., many laws have been enacted to impose harsh penalties for committing credit card fraud. The following table lists some of the penalties for credit card fraud that exist under Maryland law:
Crimes | Value of Property or Services | Type of Charge | Maximum Fine | Maximum Jail Sentence |
---|---|---|---|---|
Making a False Statement of Identity to Procure a Credit Card | N/A | Misdemeanor | $500 | 18 months |
Credit Card Theft | N/A | Misdemeanor | $500 | 18 months |
Credit Card Counterfeiting | N/A | Felony | $1,000 | 25 years |
Possessing Incomplete Credit Cards or Counterfeiting Machine/ Apparatus | N/A | Felony | $1,000 | 25 years |
Using a Stolen or Counterfeit Credit Card | More than $500 | Felony | $1,000 | 25 years |
$100 to $500 | Misdemeanor | $500 | 18 months | |
Less than $100 | Misdemeanor | $500 | 90 days | |
Knowingly Providing Goods or Services to Person Using Stolen/Counterfeit Credit Card | More than $500 | Felony | $1,000 | 25 years |
$100 to $500 | Misdemeanor | $500 | 18 months | |
Less than $100 | Misdemeanor | $500 | 90 days | |
Receiving Property Known to Have Been Obtained with a Stolen/Counterfeit Credit Card | More than $500 | Felony | $1,000 | 25 years |
$100 to $500 | Misdemeanor | $500 | 18 months | |
Less than $100 | Misdemeanor | $500 | 90 days | |
Providing the Number or Code of a Telephone Card | Any | Misdemeanor | $500 | 12 months |
For more information on Credit Card Fraud, a free initial consultation is your next best step. Get the information and legal answers you are seeking and talk to Arnold F. Phillips by calling today.
Identity Fraud
Identity fraud occurs when someone assumes another person’s identity in order to achieve a gain; usually a financial gain. There are several types of identity fraud, including identity theft and government document fraud, among others.
Identity theft is a fairly recent legal development, not made expressly illegal until Congress passed the Identity Theft and Assumption Deterrence Act in 1998. An estimated 9 million Americans are victims of identity theft each year. Identity thieves may steal another’s personal identifying information (PII) to commit fraud for their own financial or other gains. Personal identifying information may include any of the following:
Name
Address
Telephone number
Driver’s license number
Social Security number
Place of employment
Employee identification number
Mother’s maiden name
Bank or other financial institution account number
Date of birth
Personal identification number (PIN)
Credit card number
Any other payment device number
Personal information may be acquired in a variety of ways, including rummaging through trash, sending fraudulent emails that “phish” for personal information, or stealing credit card numbers when processing a sale or transaction. There are several different ways that identity thieves fraudulently use the information for financial or other gains. The following table lists the penalties for identity fraud under Maryland law:
Crimes | Value of Property | Type of Charge | Maximum Fine | Maximum Prison Sentence |
---|---|---|---|---|
Possess or obtain PII | $500 or more | Felony | $25,000 | 5 years |
Less than $500 | Misdemeanor | $5,000 | 18 months | |
Possess or obtain PII with the intent to distribute | N/A | Felony | $25,000 | 5 years |
Possess or obtain PII to avoid prosecution | N/A | Misdemeanor | $5,000 | 18 months |
In addition to these penalties, you may be required to pay restitution and attorneys’ fees to the victim of identity theft.
In Maryland, it is also a crime to possess, use, manufacture, sell, or distribute a fictitious or fraudulently altered government identification document. A person who makes or alters a government identification document with the intent to sell or distribute that document may be charged with a misdemeanor punishable by a $2,000 fine, 2 years in prison, or both. Possessing or using a fictitious or fraudulently-altered ID or possessing or using another person’s ID is a misdemeanor that is punishable by a $500 fine, 6 months in prison, or both.
For more information on Identity Fraud In Maryland, a free initial consultation is your next best step.
Public Fraud
Public fraud encompasses a variety of different fraudulent activities. In general, any attempt to obtain public assistance, goods, or services by means of fraudulent misrepresentation may qualify as public fraud. For example, fraudulently applying for or obtaining food stamps or other social or nutritional assistance may net you up to $1,000 in fines, 3 years in prison, and restitution of the value of any money, property, food stamps, or other assistance fraudulently received. In addition, fraudulently attempting or receiving health care assistance services may be punished by up to 5 years in prison, $100,000 in fines, or both. Even using the services of a public defender through a false representation or misstatement of your income may be punishable by up to 1 year in prison, $1,000 in fines, or both.
For more information on Public Fraud In Maryland, a free initial consultation is your next best step.
Bad Checks
Check fraud involves obtaining property or services bypassing, or using as payment, a bad check also called a non-sufficient funds (NSF) check. Under Maryland law, passing an NSF check—one without adequate funds to cover the value of the check or one for which no account exists—can be either a felony or misdemeanor, depending on the value of the property or services obtained by passing the check. The following table lists the maximum fine and jail sentence you face if charged with passing an NSF check:
Value of Property or Services | Type of Charge | Maximum Fine | Maximum Jail Sentence |
---|---|---|---|
$500 or more | Felony | $1,000 | 25 years |
Less than $500 | Misdemeanor | $100 | 18 months |
Less than $100 | Misdemeanor | $500 | 90 days |
A fine of any amount imposed by a court | Misdemeanor | $100 | 60 days |
In addition, you may also be required to either restore the property to the owner or pay restitution for the value of the property or services received. You generally have 10 days to make good on the check, that is, to provide payment for the property or services received by passing the check. Paying for goods or services with a post-dated NSF check, because the act does not involve a present act of fraud, is generally not a criminally punishable offense. In addition to criminal sanctions, you also face civil penalties, as well.
Counterfeiting and Related Crimes
Counterfeiting is the act of unlawfully reproducing or copying currency or other financial instruments. Counterfeiting of the following items is punishable by up to 10 years in prison, a $1,000 fine, or both under Maryland law:
Bonds
Checks
Deeds
Drafts
Endorsements or assignments of a bond, draft, check, or promissory note
Entry into an account book or ledger
Letter of credit
Negotiable instrument
Power of attorney
Promissory note
Release or discharge for money or property
Title to a motor vehicle
Waiver or release of mechanics’ lien
Will or codicil
In addition, simple possession of a counterfeit item, with the knowledge that it is not authentic, may warrant up to 3 years in prison and a $1,000 fine.
For more information on Counterfeiting and Related Crimes, a free initial consultation is your next best step.
Financial Crimes Against Vulnerable Adults
A vulnerable adult is defined as someone who is not equipped with the physical or mental ability to provide for his or her own daily needs. Vulnerable adults have some form of mental or physical incapacity. Anyone who willfully and knowingly deceives intimidates, or unduly influences a vulnerable adult as a means of obtaining property belonging to the deceived person. If the value of the property wrongfully obtained is $500 or more, you may be charged with a felony and sentenced to up to $10,000 in fines, up to 25 years in prison, or both. If the value of the property wrongly obtained is less than $500, you may be charged with a misdemeanor and sentenced to up to $500 in fines, 18 months in prison, or both. In addition to either of the above sentences, you may also be required to pay restitution to the vulnerable adult.
For more information on Financial Crimes Against Vulnerable Adults In Maryland, a free initial consultation is your next best step. Get the information and legal answers you are seeking and talk to Arnold F. Phillips by calling today. We serve the areas of Millersville, Cumberland, McHenry, Garrett County, and Allegany County, Maryland.