How Lawyers Fight Credit Card Fraud Charges in Court

How Lawyers Fight Credit Card Fraud Charges in Court

Defending against credit card fraud allegations requires experience and skill. Prosecutors treat these financial crime cases seriously, seeking convictions and stiff sentences. But defense lawyers have strategies to fight the charges at every stage.

This article reveals techniques criminal defense attorneys use to beat credit card fraud allegations in court. We’ll examine common methods to win pre-trial motions, discredit witnesses, develop reasonable doubt, and secure acquittals for clients.

File Suppression Motions

A top priority is getting damaging evidence thrown out pre-trial. Typical suppression motions in credit card fraud cases include[1]:

• Challenging searches that violated 4th Amendment rights
• Disqualifying statements obtained through coercion
• Alleging entrapment by undercover agents
• Claiming multi-year investigations exceeded statutes of limitations

While suppression motions are rarely fully successful, they can limit the amount of evidence heard at trial. Even small wins shift the odds in the defendant’s favor.

Allege Constitutional Rights Violations

Beyond suppression motions, allegations of rights violations can influence the jury. Common claims include[2]:

• Unlawful search and seizure
• Self-incrimination without Miranda warnings
• Selective or vindictive prosecution

While the judge determines admissibility, the jury weighs any perceived abuses of power in their verdict.

Attack the Credibility of Cooperating Witnesses

Many credit card fraud cases rely heavily on informants who cooperate for lighter sentences. But their credibility can be dismantled by[3]:

• Exposing incentives to fabricate testimony
• Highlighting inconsistent statements
• Revealing criminal histories
• Suggesting witnesses conspired to frame defendant

By destroying star witness credibility, the entire prosecution case weakens.

Develop Alternate Explanations

Where the prosecution claims evidence proves fraud, the defense develops plausible alternate explanations. For example[4]:

• Transactions were legitimate purchases, not fraudulent
• The defendant was an unknowing courier, not a mastermind
• Another person had access to the card and committed the fraud

By casting doubt on the prosecution’s interpretations, it becomes harder to prove charges beyond a reasonable doubt.

Dispute the Defendant’s Criminal Knowledge

Prosecutors must prove the defendant knowingly participated in credit card fraud. The defense will argue[5]:

• The defendant was unaware the card was stolen
• They were a minor player unaware of the overall scheme
• They reasonably relied on professionals’ advice about transactions

Again, introducing doubt around criminal intent and knowledge defeats charges.

Allege Outrageous Government Conduct

In extreme cases, the defense will claim the government’s investigation methods were so outrageous that charges should be dismissed. This involves actions like[2]:

• Intimidating or coercing the defendant
• Inducing the defendant to commit greater crimes
• Deceptive or fraudulent law enforcement tactics

While rare, courts have dismissed charges based on such egregious misconduct.

Secure Favorable Plea Bargains

Many credit card fraud cases end in carefully negotiated plea deals. The defense bargains for[1]:

• Pleading guilty to less serious charges
• Lighter sentencing recommendations
• Avoiding criminal forfeiture

The right plea deal can dramatically reduce penalties compared to losing at trial.

Educate Juries on Technical Aspects

In trials, the defense simplifies complex financial terms and transactions for juries. They aim to show the defendant didn’t intentionally conceal funds, but made normal transactions any person would not understand.

Demystifying financial activities makes juries less likely to convict based on perceived shadiness.

Summary

Fighting credit card fraud charges requires exploiting every weakness and flaw in the prosecution’s case. With an experienced federal criminal defense lawyer applying these aggressive strategies, even the strongest charges can crumble and result in full acquittals or lenient plea bargains.