With decades of experience, D.G. Moore is a leading Michigan criminal defense attorney specializing in credit card theft, financial fraud, and white-collar crimes. His aggressive defense strategies have led to numerous case dismissals, acquittals, and reduced charges, helping clients avoid felony convictions and harsh penalties. If you are facing credit card theft or fraud charges in Michigan, contact D.G. Moore Law immediately for a free consultation.
Michigan MCL 750.157n Credit Card Theft & Fraud Laws
In Michigan, credit card theft and fraud involve serious penalties, including imprisonment and fines, while potential defenses include lack of intent, mistaken identity, or authorization. Seeking legal advice is crucial for those facing such charges.
Understanding Credit Card Fraud & Theft Under Michigan Law
Under MCL 750.157n & 750.157p, credit card fraud, theft, and misuse involve stealing, using, or possessing another person’s financial transaction device (FTD), including another’s financial transaction device:
- Credit Cards
- Debit Cards
- Prepaid Gift Cards
- Bank Account Cards
- Electronic Payment Devices
Michigan law also addresses the issue of individuals who knowingly possess or knowingly retain another’s financial transaction device without consent, categorizing these actions as serious offenses.
Michigan law strictly prohibits any form of unauthorized possession, fraudulent use, or sale of these devices.
Types of Credit Card Fraud in Michigan
| Fraud Type | Definition | Example |
|---|---|---|
| Credit Card Theft | Taking another person’s credit card without permission. | Stealing a wallet with credit cards. |
| Fraudulent Use | Using a stolen, fraudulent, or altered financial transaction device to make purchases. | Buying electronics with a stolen debit card. |
| Possession of a Fraudulent Card | Holding a knowingly fake, altered financial transaction device, or stolen credit card. | Carrying multiple cloned cards. |
| Identity Theft | Using someone else’s personal information to obtain credit. | Opening a bank account with fake credentials. |
| Credit Card Skimming | Illegally collecting card data for fraudulent use. | Installing a card reader on an ATM. |
Penalties for Credit Card Fraud & Theft in Michigan
Michigan treats credit card fraud and theft as serious felony offenses, guilty of a felony, with penalties based on the crime committed. Individuals found in possession of another’s financial transaction device without consent can be charged with a felony, regardless of whether the device was in his or her possession.
MCL 750.157n: Stealing, Possessing, or Using a Stolen Credit Card
- Felony Charge – Up to 4 years in prison and a fine of up to $5,000. Defendant knowingly possesses a fraudulent or altered financial transaction device under specific statutes. The law emphasizes that possessing a financial transaction device without the owner’s consent, whether it was in his or her control, is a serious offense.
- Restitution – Defendant may be required to pay back victims
- Permanent Criminal Record – Makes securing jobs, housing, and loans difficult
MCL 750.157p: Knowingly Possesses a Financial Transaction Device with Intent to Use, Sell, or Deliver
- Felony Charge – Up to 4 years in prison
- Fines – Up to $5,000 or three times the amount stolen (whichever is greater)
- Additional Charges – May include identity theft, wire fraud, or conspiracy charges
- Aggravating Factors That Increase Penalties
- Use of a fraudulent card to commit multiple transactions
- Use of stolen cards across state lines (Federal charges may apply)
- Prior convictions for financial crimes
- Possessing a cancelled financial transaction device with intent to use, sell, or deliver – This includes devices linked to various deposit accounts, such as savings or checking accounts, which are used to facilitate transactions.
How Prosecutors Prove Credit Card Fraud or Theft
To convict a person of credit card theft or fraud, the prosecution must prove beyond a reasonable doubt that the defendant:
- Knowingly stole, knowingly secretes, or used a financial transaction device belonging to another person. This includes actions such as removing financial transaction devices from their rightful owners without consent.
- Intended to commit fraud or benefit financially from the stolen card.
- Did not have the cardholder’s permission to use the financial transaction device.
Defenses Against Credit Card Fraud & Theft Charges
A strong defense strategy can lead to dismissed charges, reduced penalties, or acquittal.
Common Defenses in Credit Card Fraud Cases:
Lack of Intent – The defendant did not intend to commit fraud.
Mistaken Identity – Someone else committed the fraud, and the defendant was wrongly accused.
Consent – The cardholder gave permission to use the card.
False Statement – The defendant was accused based on a false statement or misunderstanding regarding their identity or ownership of the financial transaction device.
Common Defenses in Credit Card Fraud Cases
✔ Lack of Intent – The defendant did not knowingly steal or use the card.
✔ Mistaken Identity – The accused was wrongly identified as the suspect.
✔ False Accusations – The defendant was falsely accused due to a misunderstanding.
✔ Insufficient Evidence – The prosecution lacks clear proof of fraudulent intent.
✔ Consent Defense – The cardholder authorized the transaction.
Consequences of a Credit Card Fraud Conviction
A felony conviction for credit card theft or fraud has long-term consequences beyond fines and prison time.
- Permanent Criminal Record – A fraud conviction stays on background checks indefinitely.
- Employment Restrictions – Many financial and corporate jobs prohibit hiring individuals with fraud-related offenses.
- Immigration Consequences – Non-citizens may face deportation for felony fraud convictions.
- Credit & Financial Limitations – Convicted individuals may struggle to secure loans, credit cards, or mortgages.
Related White-Collar Crimes in Michigan
- MCL 750.157s – Use of a Revoked or Cancelled Credit Card (Michigan Compiled Laws)
- MCL 750.157t – Unauthorized use of an electronic funds transfer card or other financial transaction device
- MCL 750.157u – Fraudulent activities involving electronic funds transfer, including unauthorized access to deposit accounts
- MCL 750.157v – False Identity to Obtain a Credit Card
- MCL 750.248b – Uttering or Publishing Counterfeit Documents
- [MCL 750.218](MCL 750.218) – Fraudulent Schemes & False Pretenses
Why You Need a Michigan Criminal Defense Attorney
A top-tier Michigan criminal defense attorney can:
✔ Challenge weak evidence
✔ Negotiate plea deals for reduced charges
✔ Develop strategic defenses tailored to your case
✔ Help prevent a felony conviction
Call D.G. Moore Law for a Free Consultation
If you are facing credit card fraud or theft charges in Michigan, you need a strong legal defense. Contact D.G. Moore Law immediately for a free consultation.
Call Now: (269) 808-8007
FAQs About Credit Card Theft & Fraud in Michigan
Is credit card theft a felony in Michigan?
Yes. Stealing or possessing another person’s financial transaction device is a felony punishable by up to 4 years in prison under MCL 750.157n.
Can I be charged with credit card fraud if I didn’t use the stolen card?
Yes. Simply possessing a stolen or fraudulent credit card can result in felony charges under MCL 750.157p.
What if I used someone else’s credit card by mistake?
If there was no intent to defraud, a defense attorney may be able to get the charges dismissed.
Can credit card fraud be charged as a federal crime?
Yes. If the fraud crosses state lines, involves online transactions, or impacts federal financial institutions, federal charges may apply.
Will I go to jail for credit card fraud in Michigan?
It depends. Many first-time offenders may receive probation, fines, or restitution, but repeat offenders often face jail or prison sentences.
Can credit card fraud charges be dropped?
Yes. With strong legal representation, charges can be reduced or dismissed if there is insufficient evidence or the defendant lacked fraudulent intent.
Is credit card skimming illegal in Michigan?
Yes. Installing a skimming device or stealing cardholder data is considered credit card fraud and wire fraud, which carry severe penalties.
