Fraud, Embezzlement, Bad Checks Credit Card Fraud

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inquixotic

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I drove with a friend to the gas station and he told me he would fill up my tank so he handed me his card and i swiped it. Two days ago he was arrested for grand larceny and it turned out the card was stolen. What can be the repercussions for me?
 
Unless it can be proven that you had knowledge that the card was stolen, or should have known, then you are in the clear.

A reasonable person might wonder why a friend would out of the blue offer to buy a tank of gas for them on credit... gas is expensive. I know I would have been suspicious and quizzed my friend a bit. I think I also would have noticed the name on the card that was not my friend's name... an argument can likely be made that you should have known the card was stolen.

Will it get that far? Time will tell.
 
mightymoose said:
Unless it can be proven that you had knowledge that the card was stolen, or should have known, then you are in the clear.
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Having or not having knowledge - was the card stolen or wasn't,doesn't have bearing on the fact He had knowledge the card is not his ( he used credit card of another ,I assume,presenting it to the store clerk as it was his).

Did he have a duty,of a reasonable person,to know it was stolen,has not bearing on the issue. No one can commit fraud because did not exercise duty of a reasonable person.For Fraud ,there must be intend to deceive,it is element of that particular crime.



A reasonable person might wonder why a friend would out of the blue offer to buy a tank of gas for them on credit... gas is expensive. I know I would have been suspicious and quizzed my friend a bit. I think I also would have noticed the name on the card that was not my friend's name... an argument can likely be made that you should have known the card was stolen.

Will it get that far? Time will tell.
Click to expand...

As far as fraud goes,fraud is an intentional deception.Can not do fraud by "negligence"...that would be contradiction in itself.It can never be committed because "he didn't have knowledge,but should have had knowledge",that was stolen.

He had knowledge it is not his,but I assume,he presented it to the clerk as it was his. Therein lies all liability.The rest is irrelevant.
 
I would expect it is more likely the card was swiped at the pump- allegedly with the permission of the "owner" who handed him the card.

Using the card under circumstances where he had knowledge of the theft or should have known would qualify under theft or conspiracy statutes, with that knowledge establishing intent.

I suppose it would rally depend on the language of the state statutes.

Here in CA this would be a misdemeanor theft by credit card- I imagine New York has something similar. No charges as of yet anyway.
 
The problem could be,the intent to deceive is a question of fact,for the fact finder to decide (the jury).

Using another individual credit card, when not listed as an authorized user in the credit card agreement,I think very likely,such jury,would use it as an inference to establish the intent.
 
Whats the difference between a credit card agreement and a credit card contract?

can anyone shed some lights on this for me?

is one a bilateral conttract and the other unilateral agreement?
 
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