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obtaining and using someone else's credit card or card information; (2) by using his own card knowing the card has been revoked or is expired; and (3) by selling goods or services using a card without authority or was illegally obtained.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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Catastrophic Injuries Law - Legal Information and Resources

Catastrophic Injuries

A catastrophic injury is legally defined as an injury, usually of thecentral nervous system, that leaves the individual unable to performany gainful work. A catastrophic injury is a result of an accident,which means the victim obtained the damages without warning. Asidefrom damages to the central nervous system, catastrophic injuries mayalso include accidental amputation, multiple bone fracture, eyeinjury, severe burns, and organ damage. Catastrophic injuries canlead to permanent and, often, life-long disabilities, and malfunctionof multiple organs, and can shorten the lifespan of the individual.Catastrophic injuries require expensive medication andrehabilitation, often for the rest of the individual's life, causinggreat financial and emotional strain to the family. The injurieslimit, if not, prevent the individual from using major bodilyfunctions and interacting with family and society, leading to loss ofemployment, resulting to low quality of life.

Because of the magnitude of the effect of catastrophic injuries,victims and their families are given the legal right to file claimsand seek compensation for the disabilities. Catastrophic injury law,in general, provides that a victim sustaining catastrophic injuriescan file a claim or sue the person or entity who acted negligently orintentionally resulting to the harm. The main premises, therefore, ofcatastrophic injury law is negligence and intent. The medicaltreatment, rehabilitation and care for the victim of catastrophicinjuries are steep, which means family members take to court theirclaims.

The determination of negligence or intent is crucial in establishinga catastrophic injury claim. Most victims, as a result of theirinjuries, may no longer be able to recall the events that happenedbefore, during, and after the accident, so it would take an ampleamount of time before the complaint can be structured. An expertcatastrophic injury law attorney can speed up the data and evidencegathering process. Moreover, an expert catastrophic injury lawattorney can also help the victim, or, in most cases, the victim'sfamily, seek the damages due to the victim by establishing whetherthe act was negligent or intentional as the difference between thetwo can elevate the claim from a tort claim to a criminal offense.

If it will be known that one party is responsible for thecatastrophic injuries, then it will be easy for the plaintiff toidentify the responsible party. However, many parties may beresponsible for the injuries and an expert catastrophic injury lawattorney will be prudent to name all possible responsible partiesprior to the start of the litigation as the statute of limitationsmay exclude other possible responsible parties, reducing the amountof damages the victim may receive. Other possible liable partieswould include the owner of the vehicle, if the injuries are caused bysuch, or the building, employer, and insurance companies. The lawdoes not leave possible responsible persons unprotected, and, becauseof the possibility of paying huge amounts, they would argue againsttheir liability. It is therefore imperative to hire an attorney whois not just equipped with in-depth knowledge of catastrophic injurylaw but also of litigation tactics.

The bulk of catastrophic injuries litigation involve around the determination of the value of the damages. While every injury isserious to some degree, some victims of catastrophic injuries canrecover with good medical attention. Other victims, on the otherhand, are permanently disabled and suffering. States in the UnitedStates have imposed limits on "non-economic" damages. A catastrophic injury lawyer can help recover the adequate compensationfor the damages that the victim or his family has suffered.


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