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Posted on in Fraud

IL defense attorneyIllinois has two separate laws covering forgery and identity theft, however, they are both deceptive practices that are taken seriously due to the harm it causes a victim. Forgery is a crime that could lead to identity theft because it starts with using someone else’s signature to steal money, goods, or personal information. Both crimes are felony offenses, but for identity theft, punishments become more severe depending on the harm done to a victim.

What Is the Difference?

Illinois law says that someone commits forgery when they do any of the following with the intent to defraud a victim:

  • Make or alter a document that has false information
  • Deliver false documents with the knowledge that the information is false
  • Possession with intent to deliver false documents
  • Obtain, possess, or sell another person’s personal information unlawfully
  • Use an electronic device to create a false signature for another person
  • Writing the signature of another person to cash a check or purchase goods

These actions touch the shallow end of identity theft because once a person has the personal information of another, they have the tools they need to commit the more hurtful crime. Forgery is a Class 3 felony most of the time; charges are elevated to a Class 4 felony if a Universal Price Code Label is forged.

Identity theft is covered in greater detail by Illinois law. The crime is defined as someone using the personal and financial information of another in order to obtain money, goods, property, or anything else of value.

Once the alleged thief has the victim’s personal information, they commit identity theft by:

  • Using another’s information to commit another type of felony
  • Selling or distributing another person’s information to others who will commit another felony crime
  • Using another’s information even though they know the information is stolen
  • Using another’s information to portray themselves as the victim in order to commit a crime or obtain items of value
  • Using another’s information in order to gain access to more personal of financial information
  • Aggravated identity theft: stealing personal or financial information from a person over the age of 60 years

Like forgery, identity theft is a felony offense. Depending on the severity of the crime - the monetary value of goods stolen and the amount of previous identity theft convictions against a thief - the charges can range from Class 4 to Class X felonies.

Contact an Elgin, IL Criminal Defense Lawyer

Any deceptive crime can be harmful to a victim and can change the life of an alleged thief not only through a criminal record, but also their reputation in the community. If you are being accused of identity theft, hire a lawyer from the Law Offices of Brian J. Mirandola. Our lawyers have experience making sure a client’s rights are not being violated during a litigation. To schedule a free consultation with a Kane County criminal defense lawyer, call our office at 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

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Posted on in Fraud

IL defense lawyerThere are several types of deceptive practices that can be punishable as felony charges in Illinois. The most common deception that goes on today is forgery which is defined by Illinois law as:

  • Making or altering documents to defraud another person.
  • Issuing or delivering altered documents.
  • Possessing with intent to deliver altered documents.
  • Unlawful usage of another person’s signature.
  • Unlawful usage of another person’s PIN number as an electronic signature.

Forgery is a felony offense in most situations, but the worst punishment of this type of conviction is the damage that it does to one’s personal reputation.

If you are convicted of a forgery charge, others will change the way they see you and question your morals. People will begin to wonder when you are lying to manipulate a situation or if you are trying to harm another person for selfish reasons.

What Are the Legal Ramifications to Forgery Charges?

A forgery charge is only punishable as a misdemeanor - Class A misdemeanor - when the document being altered is an academic degree or coin. The misdemeanor punishment is less than one year in prison, probation, and a fine of up to $2,500.

All other forgery violations are considered felonies:

  • Most violations are considered Class 3 felonies and are punishable by two to five years in prison, periodic imprisonment for up to 18 months, probation or conditional discharge for up to 30 months, a fine of up to $25,000 for each offense, and/or restitution.
  • A Class 4 felony is charged when a forged document has only one Universal Price Code Label. The punishment for this type of felony is the same as a Class 3 felony except the jail time is reduced to 1-3 years in prison.

 

 How to Defend Against Forgery Charges

The first step to defend against forgery charges is to hire a knowledgeable attorney who can build a strong case on your behalf. They will also be able to dig into the prosecution’s case and discover if any of your rights were compromised in order to obtain incriminating evidence.

If the charges cannot be dismissed, the defense can argue that there was no intent to defraud or deceive the alleged victim. Other defenses include:

  • Mistake of fact.
  • Duress or compulsion.
  • Infancy - for alleged forgers under the age of 13.
  • And insanity.

Previously mentioned, forgery does include academic degrees. However, the defense for altering this type of document can be avoided if the paper is clearly marked as “for novelty purposes only” according to Illinois law.

Contact an Elgin, IL Defense Attorney

If you or someone you know is facing felony forgery charges, a lawyer from the Law Offices of Brian J. Mirandola can help build a defensive strategy to protect you from a negative outcome. To schedule a free consultation with a Kane County forgery defense lawyer, call 847-488-0889.

 

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-1

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Posted on in Fraud

fraud, Kane County criminal defense attorneyNot all crimes are violent in nature, but they can still have serious consequences for those found guilty of committing them. Financial crimes such as advertising scams, internet fraud, and fraudulent credit card charges can damage a person’s credit score and negatively affect businesses. Many people who open their bank account or wallet only to realize they have been stolen from ask the same question, "Who must pay for fraudulent charges?"

Credit Card Fraud in Illinois

There are several Illinois state and federal consumer laws that address credit card theft. Credit card payments processed by Visa, MasterCard, American Express and Discover are subject to a "zero liability" policy. This means that the owner of a credit card which is compromised is not held responsible for any fraudulent charges. Fortunately, consumers do not have to pay for charges which they did not make, but they do have a responsibility to tell their credit card company about the fraudulent charges as soon as they find them.

If a person’s credit card company does not have a zero liability policy and their card is used fraudulently, the most they will be required to pay back is $50 – the limit set by the Fair Credit Billing Act (FCBA). Debit cards are not treated the same as credit cards, so it is possible that those with debit cards may be help responsible for fraudulent charges made on them. The sooner you report the stolen card to the bank, the better. Sometimes a credit card number is stolen but not the physical card. In this case, a consumer is not responsible for paying those charges as long as they report the charges within 60 days of their credit card statement.

Criminal Charges for Credit Card Fraud

The use of a counterfeited, forged, expired, revoked, or unissued credit or debit card is a Class 3 felony if more than $300 worth of property was obtained in a six-month period. Possession of another person’s credit card, the sale or purchase of a debit or credit card, and the making of a false statement in order to procure a debit or credit card are considered class 4 felonies. A person found guilty of one of these crimes can face punitive consequences of one to three years in jail and a fine of up to $25,000.

Facing Charges?

If you have been accused of credit or debit card fraud, contact a Kane County criminal defense attorney for the legal guidance you need. Call 847-488-0889 to schedule a free consultation with The The Law Office of Brian J. Mirandola today.

Sources:

http://www.ilga.gov/commission/lru/consumerlaws2014.pdf

https://www.creditcardinsider.com/learn/credit-card-lost-stolen-now/

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Posted on in Fraud

skimmer, Elgin criminal defense attorneyIn the past, thieves used to have to steal physical property or cash in order to get their payout. Today, much of the money floating around the United States is stored electronically as data, and is transferred via digital transactions. Thus, most people own a debit card and a credit card or two. Virtually anyone who has one or more such cards may have unknowingly been exposed to one of the most complex credit card fraud schemes yet.

If you have ever used an ATM, you are familiar with the plastic slot in which you place your debit or credit card in order to withdraw money from your account. Similar slots are also present on gas pumps and other self-payment machines. According to the Chicago Police Department, some of these innocuous looking plastic slots are actually intricately-designed devices called encoders or skimmers which are capable of stealing a person’s debit or credit card information. Many people whose information is stolen by a encoder are scammed and do not even realize it. Often, it is only when mysterious purchases show up on a credit card statement or there are insufficient funds in an account does the victim realize they have been deceived.

Fraudsters Face Serious Consequences

Just because this method of capturing credit or debit card information does not involve physically stealing from another person does not mean that the criminal penalties are less strict than other types of theft. In Illinois, a person who unlawfully uses a scanning or re-encoding device with the intent to defraud is guilty of a class 4 felony. This becomes a class 3 felony for any subsequent offenses. A class 4 felony can result in up to $25,000 in fines and up to three years in prison. A class 3 felony can result in up to 25,000 in fines and up to five years in prison.

Just the act of stealing the credit card information is a crime itself. A person who unlawfully uses a financial transaction device to capture, copy or transmit or otherwise obtain personal information without the consent of the person will be guilty of a class A misdemeanor which can result in fines of up to $2500 and up to one year in county jail. The severity of criminal punishment can vary based on the amount of money stolen and the fraudster’s criminal history.

Facing Charges?

If you have been charged with using a credit card skimmer to commit fraud, you need an experienced Kane County criminal defense attorney who will help you understand your options going forward and build the best plan possible for your defense. Call The The Law Office of Brian J. Mirandola at 847-488-0889 for a free consultation today.

Sources:

http://www.ncsl.org/research/financial-services-and-commerce/credit-card-skimming-devices-laws-and-legislation.aspx

http://chicagotonight.wttw.com/2017/10/23/bbb-stresses-vigilance-after-card-skimmers-found-chicago-atms

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Posted on in Fraud

fake ID, Kane County criminal defense attorneyA quick Google search for "fake IDs" returns over a million results. Many of the top search results are websites touting their business of manufacturing and distributing fake driver’s licenses and identification cards. The websites claim that their IDs "even fool experts!" and "pass blacklight tests!" With school is starting for most colleges, many young people will be tempted by the appeal of purchasing a fake ID. Students under the legal drinking age may be drawn by the possibility of being able to buy alcohol or to get into bars and nightclubs that are 21 and over. It may seem easy to get away with using a fake ID, but the reality is that obtaining or using a fake ID is a crime that can have very serious consequences.

Consequences of Buying or Using a Fake ID

The state of Illinois takes fake IDs very seriously. It is illegal to obtain, distribute, use or even possess a fraudulent state ID card or driver’s license, as well as to help anyone else do the same. The state has the authority to suspend or even revoke a person’s driving privileges if they are caught possessing another person’s license or state ID card. This can happen without a conviction.

You could be charged with a Class A Misdemeanor for:

  • Letting another person (such as a friend or relative) use your license;
  • Claiming another person’s license as your own;
  • Possessing a driver’s license or identification card with false information on it;
  • Possessing or using falsified documents with the intent of obtaining a fake ID; or
  • Altering or attempting to alter a driver’s license or state identification card.

The penalties for a conviction include up to one year in jail and $2,500 in fines. A conviction also becomes a permanent part of your criminal record.

The charges can become even more serious in other situations. Under Illinois law, you could be charged with a Class 4 felony for:

  • Possessing a fraudulent driver’s license or ID card which was produced by an entity other than a government office;
  • Possessing equipment that can be used to produce an ID designed to mimic a government-issued ID;
  • Manufacturing, distributing, or selling fraudulent IDs; or
  • Advertising fake IDs.

A conviction could result in a prison sentence of one to three years in jail and fines up to $25,000.

Contact a Knowledgeable Lawyer

If you or your son or daughter has been accused of possessing or attempting to use a fake ID, contact an experienced Kane County criminal defense attorney. At The The Law Office of Brian J. Mirandola, we are equipped to help you protect your rights at every stage of the process. Call 847-488-0889 for a free consultation today.

Sources:

https://www.illinois.gov/ilcc/All%20documents%20site%20wide/Education/Under%2021/Materials/MinorFakeIdEnglish.pdf

http://www.nbcchicago.com/investigations/unit-5-fake-id-cards-180284131.html

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