Fraudulent use of a financial transaction card defense attorneys - Wis. Stat. 943.41(5)

Fraudulent use of a financial transaction card, explained by the criminal defense attorneys at Van Severen Law Office, S.C.

Fraudulent use of a financial transaction card is one of many financial crimes in Wisconsin.  In a simple example, this crime occurs when the defendant steals another individual’s credit card and then uses it to purchase items at the store.  The penalties for this offense vary depending on the amount of money, goods, services, or property the defendant received.  They’re as follows:

• Under $2,500.00 value – Class A misdemeanor, punishable by a maximum penalty of 9 months in jail, $10,000.00 in fines, or both.
• $2,500.00 – $5,000.00 value – Class I felony, punishable by a maximum penalty of 3.5 years prison, $10,000.00 in fines, or both.  The 3.5 year prison sentence breaks down into 1.5 years initial confinement (time in prison) and 2 years extended supervision (similar to probation or parole).
• $5,000.00 – $10,000.00 value – Class H felony, punishable by a maximum penalty of 6 years prison, $10,000.00 in fines, or both.  The 6 years prison sentence breaks down into 3 years initial confinement and 3 years extended supervision.
• Over $10,o00.00 value – Class G felony, punishable by 10 years in prison, $25,000.00 in fines, or both.  This penalty breaks down into 5 years initial confinement and 5 years extended supervision.

The total amounts required to hit the various levels don’t need to happen in one transaction.  Instead, prosecutors can aggregate various charges for the total.  This charge gets very serious, very quickly.

At Van Severen Law Office, S.C., our Wisconsin criminal defense attorneys regularly defend individuals accused of committing financial crimes.  Whether it’s a stolen credit card or a stolen car, we can help.  We’ve represented thousands of individuals facing criminal charges based on a wide variety of circumstances.  Contact us at (414) 270-0202 to figure out how we can help defend the charges you’re facing.

Section 943.41(5)(a) of the Wisconsin Statutes – “Fraudulent use”

Sometimes the title of a statute doesn’t match a crime’s name.  Section 943.51 of the Wisconsin Statutes is called “financial transaction card crimes.”  The individual subsection we’re working with is called “fraudulent use.”  Combine all of that and you get somewhere close to “fraudulent use of a financial card.”  The law indicates:

(a)

1.  No person shall, with intent to defraud the issuer, a person or organization providing money, goods, services or anything else of value or any other person:

a. Use, for the purpose of obtaining money, goods, services or anything else of value, a financial transaction card obtained or retained in violation of sub. (3) or a financial transaction card which the person knows is forged, expired or revoked; …

Wisconsin Criminal Jury Instruction 1497 – Fraudulent use of a financial transaction card 837

Jury instructions break crimes down into separate parts, called elements.  The government much prove each of these elements beyond a reasonable doubt in order to sustain a conviction against a defendant.  In other words, if they can’t prove the elements, they can’t find you guilty.  Wisconsin Criminal Jury Instruction 1497 provides the elements for fraudulent use of a financial transaction card.  They’re as follows:

• Firstly, the defendant used a financial transaction card.
  • A financial transaction card is an instrument or device used by a business organization or financial institution for the use of the cardholder in obtaining anything on credit, certifying or guaranteeing the availability of funds sufficient to honor or draft a check, or gaining access to an account.
• Secondly, the card was stolen.
  • A card is stolen when it has been taken from the owner without consent and with intent to permanently deprive the owner of its possession.
• Thirdly, the defendant used the card for the purpose of obtaining money, goods, services, or anything of value.
  • Actual possession of the card is not required to satisfy this element.
• Finally, the defendant acted with intent to defraud another.
  • Another includes the issuer of the card or any person or organization providing money, goods, services, or anything else of value.
  • Intent to defraud is an intent to obtain something of value by deception or representation known to be false.

The jury instructions do a much better job explaining the law than the law does itself.  But the “intent to defraud” requirement can seem a little confusing.  Does some additional fraud, lying, or deception need to occur to in order to satisfy the elements?  The answer is no.  Generally speaking, the intent to defraud element is satisfied by intentionally using the stolen card.

Contact Van Severen Law Office, S.C. for help.

As Milwaukee criminal defense attorneys, we’ve encountered quite a few different situations that led to criminal charges for our clients.  Frequently these charges stemmed from situations involving stolen property or fraud of some sort.  Our experiences in these areas certainly help in our ability to defend against crimes such as fraudulent use of a financial transaction card.  We represent defendants throughout Wisconsin facing this allegation, and all others.

And perhaps most importantly, working in criminal law, on the side of defendants, is all we do.  It’s our speciality.  If you’re looking for a divorce, we can’t help.  But if you’re in a tough situation that could lead to a conviction, we think we should be your first call.

All of our criminal defense attorneys offer free consultations to potential clients.  This gives you the opportunity to meet the attorney you’ll be going to battle with, ask any questions, and figure out exactly how we can help.  Contact us 24/7/365 at (414) 270-0202.