Credit Card Fraud Law

Credit card fraud is a criminal offense defined as the deceptive or unauthorized use of another person's credit card in order to steal money, goods or services. Credit card fraud law ensures that these criminal offenses are met with the appropriate punishment. Because of the increasing incidences of credit card in the United States, the federal and state government are in concerted efforts to penalize the offenders by enacting statutes preventing these crimes in all levels of government and utilizing both the local police and the U.S. Secret Service to enforce these laws.

Credit card fraud may be committed in three ways: (1) by fraudulently obtaining and using someone else's credit card or card information; (2) by using his own card knowing the card has been revoked or is expired; and (3) by selling goods or services using a card without authority or was illegally obtained.

Credit card fraud can be categorized into two: (1) card present, where the actual card is stolen and used, and (2) card not present, when only the credit card number and information are stolen and used.

In order to gain possession of the actual credit card, the thief may actually steal the card or perform acts that will result to him gaining possession of the credit card, such as applying for a credit card under the victim's name or seeking for a replacement card by modifying the victim's address. Because credit cards can be used online or over the phone, card not present cases are difficult to pursue. Card not present crimes are also often organized crimes as the card numbers and other important information are obtained usually through ATMs and gas pump terminals. Moreover, card numbers and details can also be obtained through phishing or fake websites appearing like legitimate sites.

Penalties accompanying conviction from credit card fraud vary from state to state. State legislation also does not provide for specific penalties for credit card fraud convictions. Rather, the total dollar value of the items obtained determines the penalties. In most states, the value obtained through credit card fraud can elevate the act from misdemeanor, when no property is obtained or when the amount of the property does not exceed $500, to felony, when the value of the property is significant. A maximum fine of $1,000 and a prison term of up to one year accompany a misdemeanor, while a fine of $25,000 and a prison term of 15 years accompany a felony.

If facing prosecution for credit card fraud, it is imperative to hire the services of credit card fraud law attorneys to minimize the horrible experience. With credit card fraud being rampant today, courts are inclined not to treat those charged with these crimes leniently. Being charged with credit card fraud has serious impact on the individual as this can lead to embarrassment, especially as there abundance of media coverage on these cases. A credit card fraud law attorney can review the prosecutor's evidences and spot any discrepancies, which, no matter how minor, may lead to a reduced penalty and jail term.

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Intellectual Property Law - Legal Information and Resources

Intellectual Property

Intellectual property law protects ownership of creative works. Intellectual property law ensures creators that they can profit from their works, while others can't without their permission. Intellectual property law also induces individuals to produce creative works that are beneficial to society. Intellectual property is composed of patents, trademarks and copyrights and each provides protection for specific types of work. The U.S. Patent and Trademark Office has authority over patents and trademarks, while the U.S. Copyright Office has authority over copyrights. The two governmental agencies are under the authority of Congress.

A patent is granted to the owner of a work so that others cannot use the work for any purpose. Congress authorized the issuance of patents so inventors would feel safe to disclose their creations to the public. In the United States, a patent expires after 20 years from the date filing of an application. After 20 years, the patent will be public property and anyone has the right to use the patent. To apply for a patent, there are requirements that must be complied with. Among other requirements, an application must be filed within one year of certain acts, the description of the invention must be complete, and the invention must be new. Patent law in the United States is not applicable to some countries in the world. Thus, if the creator seeks global protection of his work, the creator must apply for patent in those countries. Not all creations will meet the requirements for patent protection. If a creation is obvious in design, not useful, or morally offensive, the application will be denied.

Trademarks protect symbols, names, and slogans used to identify goods and services. The purpose of obtaining trademark is to distinguish one's product from another. Trademark rights can be obtained by either (i) filing a mark with the Trademark Office or (ii) by actually using the mark in commerce or in association with a service. Filing a mark is not required although it can create a nationwide priority of rights in the mark against any other person who subsequently uses the same or confusingly similar mark. The requirement in filing a mark is the applicant's bona fide intent to use that mark for products or services. Without bona fide intent, the filing may be deemed invalid and the applicant may be subjected to penalties.

Copyright protects the expression of ideas and is granted to creators of original intellectual and artistic works. Copyright is automatic upon creation and, in the United States, lasts for the life of the creator, plus 50 years. Works that subject to copyright include books, pictures, sculptures, music, movies, and computer programs. By obtaining copyright, the creator has the right to reproduce his work, make derivative works, and distribute or sell the work to the public. In the case of music or movies, the creator has the right to perform the work publicly, and, in the case of sculptures, display the work to the public.

Patents, trademarks, and copyrights are lucrative properties that must be protected by law. It is therefore crucial to seek the assistance of intellectual property law experts in drafting documents and complying with requirements needed for applications. The major issue arising from intellectual property law is infringement, which is the unauthorized use of intellectual property. To prevent infringement, application for patents, trademarks and copyrights is necessary. When an infringement dispute goes to court, the person who filed and obtained the intellectual property protection is given preference over the party who didn't. Infringement cases, however, are expensive, so it is crucial to refer to an intellectual property law attorney first before proceeding with any litigation.

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