With decades of legal experience, D.G. Moore is a highly skilled Michigan criminal defense attorney specializing in credit card fraud, financial transaction device (FTD) offenses, and fraud-related crimes. His aggressive defense strategy has led to case dismissals, reduced charges, and acquittals, protecting clients from the harsh penalties of a conviction. If you are facing charges for financial fraud in Michigan, contact D.G. Moore Law immediately for expert defense.

Financial Transaction Device Fraud in Michigan (MCL 750.157s & MCL 750.157v)

In Michigan, Financial Transaction Device (FTD) fraud, encompassing activities like credit card theft, forgery, or unauthorized use, is a serious crime, and depending on the amount of funds involved, it can carry penalties ranging from imprisonment to fines.

What Is Financial Transaction Device Fraud in Michigan?

Michigan law strictly prohibits the unauthorized use, theft, or fraudulent procurement of credit cards, debit cards, and other financial transaction devices (FTDs).

Two of the most common offenses include:

MCL 750.157s – Use of a Revoked or Canceled Financial Transaction Device
- Using a credit or debit card that has been canceled or revoked, while knowing it is invalid, to obtain money, goods, or services.
MCL 750.157v – False Identity to Obtain a Financial Transaction Device
- Providing false information to fraudulently obtain a credit card, debit card, or other financial transaction device.

Key Differences Between Revoked Card Use and False Identity Fraud

Offense	Definition	Penalties
Using a Revoked or Canceled FTD (MCL 750.157s)	Using a canceled or revoked credit/debit card with intent to defraud	Misdemeanor or felony, depending on the amount
False Identity to Obtain FTD (MCL 750.157v)	Providing false information to obtain a credit/debit card	Always a felony
Aggregated FTD Fraud	Using fraudulent cards multiple times within 12 months	Charges can be stacked, leading to enhanced sentencing

Penalties for Financial Transaction Device Fraud in Michigan

MCL 750.157s – Using a Canceled or Revoked Financial Transaction Device

Less than $100 – Misdemeanor, up to 93 days in jail and $500 fine
Between $100 and $500 – Misdemeanor, up to 1 year in jail and $1,000 fine or three times the fraudulent transaction amount
More than $500 – Felony, up to 2 years in prison and $2,000 fine or three times the fraudulent transaction amount

MCL 750.157v – Using False Identity to Obtain a Financial Transaction Device (Felony Offense)

Up to 4 years in prison
Fines up to $5,000
Permanent criminal record

Enhanced Penalties for Repeat Offenders

Prior convictions increase sentencing severity
Multiple offenses within 12 months may result in felony aggregation

How Prosecutors Prove Financial Transaction Device Fraud Charges

To convict someone of financial fraud, the prosecution must prove:

The defendant knowingly used an FTD that was revoked or canceled.
The defendant had received notice of the cancellation or revocation.
The defendant intentionally defrauded the merchant or financial institution.
The fraudulent transaction resulted in financial loss.

For false identity fraud, prosecutors must prove:

The defendant provided false information in writing.
The false information was intended to obtain a financial transaction device.
The defendant knowingly misrepresented their identity.

Defenses Against Financial Fraud Charges

Defenses against financial fraud charges can include lack of fraudulent intent, duress or coercion, lack of reliance, insufficient evidence, entrapment, consent, or proving a good faith belief in the legitimacy of actions.

Common Defenses for Using a Revoked or Canceled Financial Transaction Device

Bank or issuer error – The defendant did not receive proper notice of cancellation.
Lack of intent – The defendant did not knowingly attempt to defraud.
Mistaken identity – The defendant was not the one using the card.
No financial loss – The transaction was declined, and no fraud occurred.

Common Defenses for False Identity Fraud

Clerical mistake – Incorrect personal information was provided unintentionally.
Lack of intent – The defendant did not intend to defraud the issuer.
Identity theft – The defendant was the victim of fraudulent use of their identity.

Related Financial Fraud Crimes in Michigan

Possession of a Fraudulent or Altered Financial Transaction Device (MCL 750.157p)
Unauthorized Use of Another Person’s Financial Transaction Device (MCL 750.157q)
Credit Card Forgery and Counterfeiting (MCL 750.157r)
Fraudulent ATM Withdrawals (MCL 750.157w)

How an Experienced Financial Fraud Defense Attorney Can Help

A skilled Michigan criminal defense attorney can:

✔ Challenge insufficient evidence
✔ Negotiate plea agreements for reduced charges
✔ Present strong defenses against fraudulent intent
✔ Help first-time offenders avoid criminal records

Call D.G. Moore Law for a Free Consultation

If you are facing credit card fraud or financial transaction device fraud charges in Michigan, securing experienced legal representation is crucial. Contact D.G. Moore Law today for a free consultation and protect your rights.

Call Now: (269) 808-8007

Resources:

For more information on Michigan financial fraud laws, visit:

FAQs About Financial Transaction Device Fraud in Michigan

Can I be charged with fraud if my credit card was declined?

Yes, if the card was revoked or canceled, and you knowingly used it to make a purchase.

What if I didn’t know my card was revoked or canceled?

Lack of knowledge can serve as a valid defense against intent to defraud.

Can I go to jail for using a canceled debit card?

Yes, depending on the transaction amount, penalties range from fines to up to 2 years in prison.

What if I accidentally provided incorrect personal information on a credit card application?

If there was no intent to defraud, you may be able to argue against criminal liability.

Will a financial fraud conviction stay on my record?

Yes, even misdemeanors stay on your record and impact employment and housing opportunities.

Can financial fraud charges be dropped?

Yes, charges may be dropped or reduced if you can show lack of intent, bank error, or mistaken identity.

Can I remove a fraud conviction from my record?

Expungement may be possible depending on the conviction details. Speak with an attorney for options.