Fraud

Fraud charges in DeKalb County cover far more than large-scale financial schemes. A single borrowed debit card can be enough. Financial transaction card theft, card fraud, and identity fraud are among the charges police and prosecutors here bring most often, and each one carries felony exposure. If you face fraud charges, a DeKalb County fraud lawyer can investigate your situation and gather evidence supporting your case. A qualified criminal defense attorney can address your legal questions and concerns.

How Georgia Law Approaches Fraud

Georgia has no single, all-purpose fraud statute. Instead, the code sets out a series of specific offenses. Each one names the conduct it punishes and the penalty that follows.

Most of them share a common thread. The state has to prove that the accused acted knowingly, that a false statement or deception was involved, and that the deception was aimed at getting money, goods, services, or something else of value.

That structure matters for the defense. The charge is not "fraud" in the abstract. It is a specific Code section with specific elements. If the state cannot prove every element of the section it charged, the charge fails, even if the conduct looks wrong in a general sense.

Examples of Charges in DeKalb County

Many different offenses fit under the fraud umbrella. Which charge applies depends on what was taken, how it was used, and what information was involved. Charges seen in DeKalb County courts include:

• Financial transaction card theft – taking, receiving, or keeping someone else's card
• Financial transaction card fraud – using a card that is stolen, forged, revoked, expired, or otherwise unauthorized
• Financial transaction card forgery – making, altering, encoding, or signing a card without authority
• Identity fraud – using another person's identifying information to obtain credit or value
• Internet and email fraud – using a webpage or email to trick someone into handing over identifying information
• Theft by deception – obtaining property by creating a false impression
• Forgery – making or passing a false writing

These charges often travel together. One incident can produce several counts, because taking a card, using it, and using the cardholder's name can each violate a separate statute. Anyone with questions about a specific fraud type should contact a DeKalb County fraud attorney for assistance.

Financial Transaction Card Theft in Georgia

Financial transaction card theft means taking, receiving, or withholding another person's credit, debit, or prepaid card without consent. The intent must be to use it or transfer it to someone other than the cardholder or card issuer. Under Georgia law, this offense is a crime. It is distinct from card fraud or forgery.

The statute identifies several ways a person may commit financial transaction card theft:

• Taking without consent – removing a card from the cardholder's possession without permission. The person must intend to use, sell, or transfer it.
• Receiving a lost or misdelivered card – knowingly keeping a card known to be lost, mislaid, or delivered by mistake, with intent to use, sell, or transfer it.
• Buying or selling a card – purchasing or selling a financial transaction card while not the issuer.
• Holding multiple cards – receiving two or more cards in other people's names during a 12-month period, with reason to know they were taken or kept unlawfully.

Financial transaction card theft is a felony under Georgia law. A conviction could result in one to three years in prison, a fine of up to five thousand dollars, or both. A felony conviction may also carry collateral consequences. These include difficulty finding employment or housing.

The specific facts of a case affect both the charges filed and the defenses available. These facts include how the card was obtained and what the accused intended to do with it. Anyone facing these allegations should consult a qualified attorney about their particular circumstances.

What Counts as a Financial Transaction Card

The term is broader than most people expect. Georgia defines a financial transaction card as any instrument or device issued by an issuer for the cardholder's use in obtaining money, goods, or services, or in certifying that funds are available.

That definition reaches well past a Visa in a wallet. It covers credit cards and debit cards. It covers bank services cards and banking cards. It covers check guarantee cards and cards that open access to a deposit account for withdrawals or transfers. It covers employer purchasing cards.

Two related terms carry weight in these cases. The cardholder is the person, government, or organization the card was issued to or for. The issuer is the bank or business that put the card out. Consent from the cardholder, or authority from the issuer, is often the line between a crime and a misunderstanding.

Financial Transaction Card Fraud (Credit and Debit Card Fraud)

Card theft addresses how a card is obtained. Financial transaction card fraud focuses on how a card is used. Under Georgia law, a person may face charges for using a stolen, forged, revoked, expired, or unauthorized card. They may be charged for obtaining money, goods, services, or anything of value. This statute also covers situations where a person uses their own card knowing it has been revoked. It also covers situations where the transaction exceeds their available credit.

The severity of the punishment turns on the total value involved. The dividing line is one hundred dollars in any six-month period. That figure surprises people, and it is far lower than most readers assume.

If the money, goods, or services obtained do not exceed one hundred dollars in any six-month period, the punishment is a fine of up to one thousand dollars, imprisonment for one to two years, or both. If the value exceeds one hundred dollars in that same period, the offense is a felony punishable by a fine of up to five thousand dollars, imprisonment for one to three years, or both. Prosecutors may aggregate multiple transactions within a six-month window to reach the higher threshold.

Because the threshold is low and the aggregation window is wide, the value calculation is often worth fighting on its own. What counts, what falls outside the six-month window, and how the value was measured can all be contested.

Financial card transaction fraud differs from related offenses. Card theft covers taking or receiving the card itself. Card forgery addresses making, embossing, encoding, altering, or signing a card without authorization. A single course of conduct could result in charges under multiple statutes depending on the facts involved.

Financial Transaction Card Forgery

Forgery sits alongside theft and fraud as a third distinct charge. It targets the card itself rather than how it was obtained or spent.

Georgia's forgery provision reaches making or embossing a card that purports to be issued by an issuer that never issued it. It reaches falsely encoding or altering the data on a card. It also reaches signing a card without the cardholder's consent or the issuer's authority.

There is no low-value tier here. Card forgery is punished as a felony, with a fine of up to five thousand dollars, imprisonment for one to three years, or both. Because the conduct often overlaps with card fraud, a person accused of using a re-encoded or counterfeit card may face both counts from one incident.

Internet or Email Fraud

Georgia law addresses fraudulent solicitation of identifying information through the internet. The conduct targeted is what most people call phishing. A person uses a webpage, an email, or another electronic message to induce someone to reveal identifying information, such as a credit card number or a Social Security number.

Georgia punishes an intentional violation as a felony. The prison term runs from one to twenty years. The fine runs from one thousand dollars to five hundred thousand dollars, and a court may impose both.

Those numbers put this among the most heavily punished fraud offenses in the Georgia code. Charges of this kind often arrive alongside card fraud or identity fraud counts arising from the same scheme.

How Financial Card Theft and Fraud Cases Are Investigated in DeKalb County

Investigations into card theft and fraud typically begin with a fraud alert. A merchant, bank, or card issuer may file the alert. Once flagged, investigators review point-of-sale surveillance video. They also review transaction records from the card issuer. For online purchases, they may review IP address data or device information tied to the transaction.

In DeKalb County, felony card theft and fraud charges are generally prosecuted in Superior Court. Lower-value card fraud that falls under the one hundred dollar, six-month threshold may be handled in State Court. The charging decision often depends on the total value alleged. It also depends on whether the accused faces additional counts.

Many of these prosecutions rely heavily on circumstantial evidence. Possession of someone else's card is one example. Surveillance footage placing a person at a point of sale is another. Purchasing patterns that match the accused's location may also factor into the case. Restitution to the cardholder or card issuer is frequently part of any resolution. This may occur through a plea agreement or as a condition of sentencing.

The specific procedure and court in which a case is heard depend on several factors. These include the charging decision, the value alleged, and whether the accused faces related charges such as identity fraud or forgery.

Identity Fraud and Financial Identity Fraud

Georgia law has a separate series of statutes addressing identity fraud. A person commits identity fraud by willfully and fraudulently using, or possessing with intent to use, another person's identifying information without authorization. Such information includes a Social Security number, date of birth, or account numbers. The statute also reaches the identifying information of a deceased person, information belonging to a child in the accused's custody, and counterfeit or fictitious identifying information created to help commit a crime or a fraud.

Financial identity fraud is the subset of identity theft where stolen personal information is used to access bank accounts. It also covers opening credit lines or completing card transactions. This distinction matters because financial identity fraud charges frequently stack with financial transaction card theft or card fraud charges. Both offenses may arise from the same conduct.

The penalties for identity fraud are significant. A first offense may result in one to ten years of imprisonment, a fine of up to one hundred thousand dollars, or both. A second or subsequent offense carries three to fifteen years in prison, a fine of up to two hundred fifty thousand dollars, or both. Where a case involves many alleged transactions, the number of counts a prosecutor brings can matter as much as the range on any single count.

Common Defenses to Financial Transaction Card Charges

Several legal defenses may apply in financial transaction card theft and fraud cases, depending on the specific facts involved.

• Lack of intent – Georgia's card theft statute requires proof that the accused intended to use, sell, or transfer the card. A person who came into possession of a card without knowing it was lost or stolen may lack the required mental state. This is important in card theft cases.
• Authorization – If the cardholder gave consent to use the card, even informally or verbally, that authorization could undermine a fraud prosecution. Disputes over the scope of permission are common. These often arise in cases involving family members or close associates.
• Mistaken identity – This defense arises frequently in online or e-commerce cases. The actual person who used the card may not be the account holder. They may not be the device owner. They may not be the person charged. Shared devices, compromised accounts, and spoofed IP addresses can all create reasonable doubt about who made a transaction.
• Value below the threshold – Because the fraud statute turns on one hundred dollars in a six-month period, the value calculation is itself a defense issue. Transactions outside the window, transactions never completed, and disputed valuations can all pull a case below the felony line.
• Insufficient evidence – The prosecution must tie the accused to the specific transaction at issue. Mere proximity to a stolen card or access to a shared computer may not be enough. Guilt must be proved beyond a reasonable doubt.
• Fourth Amendment challenges – If law enforcement obtained the card, device, or account records through an unlawful search or seizure, the defense may move to suppress that evidence. The admissibility of digital evidence is a growing area of litigation in card fraud cases.

Each of these defenses depends on the particular circumstances of the case. A qualified attorney can evaluate which strategies may apply after reviewing the evidence and the charges filed.

What Happens After a Fraud Arrest in DeKalb County

The early stage of a fraud case shapes everything that follows.

Arrest and first appearance. A person arrested is brought before a judge, usually within 48 hours. Bond conditions are set at this stage. In card and identity cases, those conditions may restrict contact with alleged victims or limit use of certain accounts.

Investigation continues after arrest. Fraud cases are document cases. Bank records, card issuer logs, device data, and surveillance video often arrive after the arrest, not before it. What the state has on day one is rarely what it has at trial.

The charging decision. A prosecutor decides which Code sections to charge and whether the case proceeds by accusation or by grand jury indictment. Felony card and identity counts generally move to Superior Court.

Preliminary hearing and discovery. Your lawyer can test the state's probable cause and begin obtaining the records behind the allegations. This is where value calculations, authorization questions, and identification issues first get examined.

Resolution. Cases end in dismissal, reduction, plea, diversion where available, or trial. Restitution is frequently part of a negotiated outcome in card cases.

Every case follows its own path. Outcomes depend on the facts, the evidence, and the charges filed, and past results do not guarantee a similar outcome in any future matter.

Speak With a DeKalb County Fraud Defense Attorney

Charges for financial transaction card theft, card fraud, or financial identity fraud carry felony exposure. They also involve potential restitution obligations and lasting consequences for your record. Early intervention before formal charging decisions are finalized can make a meaningful difference in how a case proceeds.

Kohn & Yager LLC defends clients facing card theft, credit card fraud, and identity fraud charges in DeKalb County Superior Court and State Court. Our attorneys understand how these cases are built. They know what evidence prosecutors rely on to pursue convictions.

A person arrested or under investigation for card-related fraud offenses in DeKalb County should contact Kohn & Yager LLC for a free consultation. We are available twenty four hours a day, seven days a week to discuss your situation. We can help you understand your options. The facts of your situation will shape the defense strategy available to you.

Frequently Asked Questions

What Is Financial Transaction Card Theft Under Georgia Law?

Financial transaction card theft involves taking, receiving, or withholding another person's credit, debit, or prepaid card without their consent. The intent must be to use, sell, or transfer it. This offense is a felony. A conviction may result in one to three years in prison and a fine of up to five thousand dollars.

How Is Financial Transaction Card Theft Different From Card Fraud in Georgia?

Card theft covers obtaining or possessing the card itself without authorization. Card fraud covers using a stolen, forged, or unauthorized card. The intent must be to obtain money, goods, or services. A person could face both charges from the same set of facts if they both took the card and used it.

Is Financial Transaction Card Fraud a Felony in Georgia?

It depends on the value. If the money, goods, or services obtained do not exceed one hundred dollars in any six-month period, the punishment is a fine of up to one thousand dollars, imprisonment for one to two years, or both. If the value exceeds one hundred dollars in that period, the offense is a felony punishable by a fine of up to five thousand dollars, imprisonment for one to three years, or both.

What Are the Penalties for Financial Identity Fraud in Georgia?

A first offense may result in one to ten years of imprisonment, a fine of up to one hundred thousand dollars, or both. A second or subsequent offense carries three to fifteen years in prison, a fine of up to two hundred fifty thousand dollars, or both. Because a single scheme can produce many counts, total exposure often depends on how the case is charged.

Is Card Forgery a Separate Charge in Georgia?

Yes. Forgery covers making, embossing, encoding, altering, or signing a card without authority. It is punished as a felony with a fine of up to five thousand dollars, imprisonment for one to three years, or both. It can be charged alongside card theft and card fraud arising from the same incident.

What Should I Do if I Have Been Arrested for Credit Card Fraud in DeKalb County?

Contact a criminal defense attorney as soon as possible. Do not discuss your case with anyone other than your lawyer. Early legal representation may help protect your rights during the investigation. It could also influence charging decisions before your case moves forward in court.