Shoplifting, Larceny, Robbery, Theft Debit Card Theft

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TiZTiZ

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Hello everyone,

I recently discovered that an "acquaintance" of mine "borrowed" my credit card to withdraw 500$ at an ATM. I contacted him and he didn't deny the facts, and although he promised to refund me for the 500$, I really want to press charges against this person to teach him a good lesson.

The bank investigator in charge of the fraud told me that he has a clear footage of that person withdrawing the money and I have a written conversation of his confession on Facebook.

I am currently studying in NY but originally from France and I am doing an internship in Paris right now. I don't plan on going back to NY until September.
I have very little knowledge of the American legal system, I guess my questions are:

- Can I press charges over the phone / fax, and would should I contact ?
- Once I press charges, will it be lengthy process ?
- How much can it potentially cost me to press charges ?
- Do I have good chances of obtaining a fair compensation ?

Thank you very much for your time and any help you can provide
 
Your post made no mention of a police report of the stolen, excuse me "borrowed" ATM card. The victim does not press charges. That is the job of the District Attorney.

I'm not an attorney, yet I would assume you probably compromised any complaint of theft by negotiating the repayment of the $500.

Anyhow, the court system is not the place to teach someone a lesson. Not only is it costly, it is also mentally frustrating.

If you wish to insure the recovery of your $500, use the ploy of filing a civil suit, etc. unless he pays. If you jump the gun and call the cops or file a complaint early, he may decide to withdraw his intent to pay.
 
How did this person know your password?
Click to expand...

Excellent catch ras. I missed that one. I suspect the alledged thief may have been more than just an acquaintance.
 
Well actually he was a good friend of my roommate, and I got to know him pretty much throughout the semester .We were in the same car, I used my card to pay for gas and he saw my pin through the window. We then went back home, he said he was going to the grocery store to get some beer and helped himself with my card on the way out, put it back in my wallet on the way in, it is as simple as that.

I am not just looking for the 500$, he is on a student visa in NY and I am hoping that getting the police involved could send him back home where his parents could finish his education...

It is the first time something like this happens to me, it is literally driving me crazy, far past the value of the 500$.
 
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Though the guy deserves it, the blemish of a felony charge would hamper a young student's future.

Again I am not an attorney, yet this may fall under credit card fraud.

Personally, I'd accept the return of the $500 if the guy is so willing and then let go of the situation.
 
TiZTiZ said:
Well actually he was a good friend of my roommate, and I got to know him pretty much throughout the semester .We were in the same car, I used my card to pay for gas and he saw my pin through the window. We then went back home, he said he was going to the grocery store to get some beer and helped himself with my card on the way out, put it back in my wallet on the way in, it is as simple as that.

I am not just looking for the 500$, he is on a student visa in NY and I am hoping that getting the police involved could send him back home where his parents could finish his education...

It is the first time something like this happens to me, it is literally driving me crazy, far past the value of the 500$.
Click to expand...

Once you file your claim with the credit card company or bank and are made whole the bank is the victim. This becomes their problem at that point.

I do suggest that you take better care of your account and PIN numbers.
 
It is grand theft by credit card, a felony.
If this has just happened then you should make a police report... no telling who else this has happened to and how many times he has not been caught before. The police may be interested to look in to it.
As said above, since you already confronted him and he agreed to pay it back, they might encourage you to handle it in civil court if necessary... however since it is a felony I doubt they would let it slide that easily.

Another angle on this- if the bank were to refund your money as part of their fraud protection, the bank may choose to seek prosecution for the theft.

It sounds like you have evidence that will have the guy on the hook quite easily. Make the report if you wish.
 
Thanks everyone for your input and advice.

FYI I called my precinct yesterday, they told me that I could not file a report until I was back in the US, but that they would really like me to do so as in those cases the culprit is likely to strike again and that it was indeed grand theft by credit card.

The bank denied the refunding once I told them I knew the person.
 
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i don't know why they would need you to be in the country in order to make a report. Certainly they would need you here to go to court, but not to take information and investigate.
At least now you know what you can do with it.
 
They might think you're involved in these hijinks.

If so, maybe they will charge and arrest you?


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