Credit Card Fraud in Wisconsin: What You Need to Know

You have likely heard of credit card fraud, but you may not understand exactly what this crime entails. The truth is that someone can perform credit card fraud in Wisconsin, as well as in other states, by performing certain illegal actions when obtaining a credit card, possessing one, or using one. 

Read on to learn what you need to know about credit card fraud in Wisconsin, including the many ways this crime is committed, the legal repercussions for these crimes, and possible credit card fraud defenses. 

Credit Card Fraud Offenses

Wisconsin state credit card fraud laws apply to both credit and debit cards, which are both considered types of financial transaction cards.

Supplying False Written Statements

This crime is typically committed by lying on a credit card application. Lying about your personal information — including your name, social security number, or income — on one of these applications is prohibited by law. 

Stealing, Possessing, or Using Another Person’s Financial Transaction Card

A person breaks this law by taking anyone's credit or debit card without their consent with the intent to use or sell the card, even if they never actually end up using or selling it. 

Fraudulent use of a credit card is also a crime in the state. This crime is typically committed when a person purchases goods or services with another person's financial transaction card without their permission. 

Using someone’s lost credit card is also prohibited under Wisconsin law, along with possessing a lost credit card. Legally, you can briefly hold onto a lost card that you intend to attempt to return to its rightful owner. But possession of this card with intent to sell it, use it in the future, or give it away to someone other than the rightful owner is against the law. Typically, the possession of a lost credit card for seven days or longer is considered evidence that you intend to use or sell it. 

Possessing or Using Fake or Altered Cards

Possession of a counterfeit or altered financial transaction cards is also considered credit card fraud in the state of Wisconsin, as well as the act of creating a counterfeit card or altering an existing one. 

These laws are a few of the most commonly broken credit card fraud laws in the state, although there are many other credit card laws in Wisconsin.

Penalties for These Crimes

The penalties vary depending on the specific type of credit card fraud committed and the value of any goods fraudulently obtained with a financial transaction card. 

Credit card fraud types typically considered Class A misdemeanors include making false statements to obtain a card and fraudulent use of a card to obtain goods or services valued at under $2,500. The penalty for this crime consists of a fine of up to $10,000 and up to 9 months in jail.

The act of creating counterfeit credit cards or obtaining goods or services valued at $2,500 or more with fraudulent use of a financial transaction card are considered felony crimes with much stiffer penalties.

Creation of counterfeit credit cards is a Class I felony with a sentence up to 3.5 years in prison and a fine of up to $10,000. The sentence for felony fraudulent use of a credit card can include a fine of up to $25,000 and up to 10 years in prison. 

Possible Credit Card Fraud Defenses

A person accused of credit card fraud has many possible legal defenses, including:

• You mistakenly used the wrong card when you intended to use your own.
• You believed you had permission from the rightful owner of the card to use it to purchase goods or services.
• Another person coerced you into using the card, and they threatened your safety if you did not. 

Your attorney will examine the evidence presented by the prosecution and all details of the purported crime provided by you before they decide on the best defense for your case. 

If a person is instead accused of supplying false statements to obtain a financial transaction card, an attorney may defend them in a couple ways. They may state that the individual entered the false information in error when attempting to input valid information. Or they could state that the person filled out the credit application form for another consenting party who then forgot they provided permission to apply for the card on their behalf. 

When charged with possession of a counterfeit card, an attorney can try to prove that the accused believed it to be a legal financial card issued by a legitimate financial institution. 

Credit card fraud laws in Wisconsin prohibit fraudulent use of another person's credit card and many other illegal acts involving the creation, possession, and use of financial transaction cards. If you have been accused of breaking Wisconsin credit card fraud laws, then contact the experienced criminal attorneys at Cohen Law Offices for expert legal defense today.