Credit Card Theft & Related Charges

There are a number of Credit Card related offences under the Criminal Code of Canada.  Charges deal with both the unauthorized possession of credit card data and passwords, as well as the possession of tools or instruments used in the production or forging of credit cards.  These charges are laid in a large variety of situations – from retail cashiers caught with their customers’ credit card information to individuals or groups charged with large scale production of cards resulting in substantial losses to victims.

The serious approach taken by the legislature to these types of offences has resulted in the possibility of significant terms of imprisonment, even for first time offenders.  The element of sophistication and organization that accompanies these types of offences has made parliament, in enacting possible penalties, vigorously aggressive.  Under the Criminal Code of Canada:

Theft, forgery, etc., of credit card  342. (1) Every person who (a) steals a credit card, (b) forges or falsifies a credit card, (c) possesses, uses or traffics in a credit card or a forged or falsified credit card, knowing that it was obtained, made or altered (i) by the commission in Canada of an offence, or (ii) by an act or omission anywhere that, if it had occurred in Canada, would have constituted an offence, or (d) uses a credit card knowing that it has been revoked or cancelled,

is guilty of (e) an indictable offence and is liable to imprisonment for a term not exceeding ten years, or (f) an offence punishable on summary conviction.

Our office helps people charged with credit card related offences in British Columbia and throughout Canada.  We have successfully defended credit card charges involving fraudulent use, possession of equipment including pin-pads, skimming, and large scale frauds.  Our clients have ranged from youths to university students to professionals, many of whom had never before been charged with a crime. We offer free consultations for all criminal charges and are available seven days a week.

Some of Our Recent Credit Card Theft & Fraud Related Cases

R. v. B.L. [2013] – Client charged with over 70 Fraud-related offences including Falsify Credit CardIdentity Theft, False Statement in Writing, Obtaining Credit by Fraud, and Personation, totalling several thousands of dollars. Client acknowledged using her position of trust as an admin to steal client data and take out credit cards in customer’s names. Credit cards are then used at casinos and retail stores. Prosecutor requested a period of custody. Following sentencing submissions, judge imposes a period of probation, citing client's personal circumstances as “exceptional.” – SUSPENDED SENTENCE and NO JAIL

R. v. S.G. [2013] – Client is charged with Fraud Over $5000 and Possession of Instrument for Copying Credit Card data as a result of allegations relating to her employment as a cashier at a large retailer. Police allege that client stole hundreds of customers' credit card information over a period of several months and wrote down card pin numbers. Police conduct extensive investigation and undercover operation including video surveillance. Total losses alleged to exceed $100,000. Following a year of discussions with the Crown, all charges were withdrawn at the request of the Crown – CHARGES WITHDRAWN and NO CRIMINAL RECORD.

R. v. V.G. [2012] – Client was charged with Fraud Under $5000. Police alleged that client had racked up a massive retail shopping bill while fraudulently in possession of someone else’s credit card. Following discussions with the Crown, the client participated in a rehabilitative plan and agreed to enter into a peace bond to not have anyone else’s credit cards in her possession. - CHARGES WITHDRAWN AND NO CRIMINAL RECORD

R. v. M.K. [2012] - Client was charged with Fraud, Possession of Property Obtained by Crime, and Possession of Credit Card Data following arrest at a major retail mall. Client made several admissions and inculpatory statements to security guards and police, and signed a written confession. Several serious personal issues leading up to the charge were brought to the Crown’s attention at the resolution meeting with the Crown, and the prosecutor agreed to withdraw all charges if the client completed a combined counseling and community service informal diversion program. - CHARGES WITHDRAWN AND NO CRIMINAL RECORD

R. v. M.E. [2012] - Client, a university student with strong grades, was charged with Fraud, Possession of Credit Card Data, and Possession of Property Obtained by Crime following police surveillance of client and co-accused allegedly purchasing power tools and machinery with false credit cards. Police alleged that client had multiple fake credit cards in his possession. Following extensive discussions with Crown’s office, client completes onerous diversion program arranged through the firm and enters Peace Bond - CHARGES WITHDRAWN AND NO CRIMINAL RECORD

R. v. Y.A. [2011] - A joint bank and police investigation regarding fraud credit card losses exceeding $50,000 resulted in charges being laid against my Client.  Police alleged that over the course of several months, compromised bank account information resulted in the fraudulent internet based purchase and delivery of merchandise to my Client’s address.  Over sixteen charges were laid including Identity Theft, Fraudulent Use of Credit Card Data, and Fraudulently Possessing Credit Card Data.  Over the course of several discussions with the Crown, my argument that there was no reasonable prospect of conviction was eventually acknowledged, and all charges against my Client were dropped.  CHARGES WITHDRAWN - NO CRIMINAL RECORD

R. v. C.R. [2011] - While managing a restaurant, Client was accused of obtaining and using a customer’s credit card on various occasions to defraud several businesses including a bank.  The police alleged that over a dozen different transactions took place over a several day period and proceeded to lay over a dozen fraud related charges including Unlawful Possession of a Credit Card, Unlawful Use of a Credit Card, and Fraud Under $5000.  Following a review of the case and discussions with the prosecutor, all charges against the Client were eventually withdrawn. CHARGES WITHDRAWN - NO CRIMINAL RECORD

R. v. K.N. [2009] – Client charged with multiple counts of Fraud Under $5000 relating to online credit card fraud phishing scam – police alleged that Client had designed and put up a phony internet website to steal credit card information and subsequently purchase tickets to various events, which were sold to customers in person. Upon my Client’s detention, police alleged that they discovered a hard drive in Client’s possession with a significant amount of stolen credit card information.  Following discussions with the Crown, all charges against my Client were eventually dropped. – CHARGES WITHDRAWN - NO CRIMINAL RECORD