Stealing and possessing another person’s credit card is a punishable offense in Michigan. The offense is a felony; a conviction will lead to fines and prison time.
But did you know that offenders can face additional charges and penalties if they attempt to fraudulently use another person’s card in excess of the original owner’s funds or limits?
Violating contractual limitations
According to Michigan law, it’s illegal for a person to use a financial transaction device (such as a credit card) to fraudulently withdraw or transfer funds from a deposit account in violation of the contractual limitations implemented by the card issuer. It’s also illegal to exceed the amount or frequency of withdrawals or transfers of a fraudulently obtained card.
The penalties
The amount of funds fraudulently transferred or withdrawn over the original card owner’s limits determines the offense’s grading and penalties:
· Amount fraudulently transferred or withdrawn is less than $200: The offense is a misdemeanor. It’s punishable by up to 93 days of imprisonment or a fine of up to $500 or three times the amount of funds fraudulently transferred or withdrawn (whichever is greater).
· Amount fraudulently transferred or withdrawn is $200 or more but less than $1,000: The offense is a misdemeanor. It’s punishable by up to a year in prison or a fine of up to $2,000 or three times the amount fraudulently transferred or withdrawn (whichever is greater).
· Amount fraudulently transferred or withdrawn is $1,000 or more but less than $20,000: The offense is a felony. It’s punishable by imprisonment for up to five years or a fine of up to $10,000 or three times the amount fraudulently transferred or withdrawn (whichever is greater).
· Amount fraudulently transferred or withdrawn is $20,000 or more: The offense is a felony. It’s punishable by imprisonment for up to 10 years or a fine of up to $15,000 or three times the amount fraudulently transferred or withdrawn (whichever is greater).
Prior convictions for fraudulent use of a financial transaction device – including debit cards, point-of-sale cards and electronic funds transfer cards – can also upgrade an offender’s penalties.
Anyone who fraudulently uses another person’s credit card or any other financial transaction device can potentially face additional penalties for trying to withdraw or transfer more than the limit. This is because doing so can hurt the credit score of the original device owner, on top of trying to rob them of their funds.
If you face charges for fraudulently withdrawing or transferring funds over the card limit, you might need the guidance of a legal professional. An attorney may be able to represent you in court and protect your rights, especially if you claim that you had no idea you were going beyond maxing out.