Credit Card Fraud Virginia
Best evidence rule did not apply to bar testimony of witness regarding two court orders that had been entered directing defendant not to use his late godmother’s credit cards and to cease obtaining credit cards in her name, in prosecution for offenses stemming from defendant’s use of his late godmother’s credit cards, as rule required that original of document be produced only where contents of document per se were to be proved, wording and content of orders were not directly at issue, and defendant admitted that orders were at best only tangentially related to charges for which defendant was on trial. Hasson v. Com. Not Reported in S.E.2d, 2006 WL 1387974 Va.App.,(2006).
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In prosecution for fraudulent use of credit card, evidence of another credit card offense, of which defendant had been tried and acquitted, was probative of neither common scheme nor defendant’s identity; while offenses occurred on same day, with same card, events were distinct and unrelated, and perpetrator’s behavior in the two incidents was not sufficiently patterned to establish identity. Copeland v. Com. 13 Va.App. 450, 412 S.E.2d 468 Va.App.,(1991).
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Credit Card Fraud Massachusetts
Indictment alleging that defendant “did feloniously and unlawfully have in his possession two or more stolen credit cards issued to” a named person was insufficient to charge defendant with credit card theft, notwithstanding references at the foot of the charge to credit card theft and grand larceny statutes or reference to “credit card theft” in the endorsement or return. Wilder v. Com. 217 Va. 145, 225 S.E.2d 411 Va. (1976).
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Within subsection of credit card theft statute relating to taking, obtaining, withholding or receiving a credit card, “possession” is not synonymous with any of the foregoing acts, and thus a charge of mere possession of a stolen credit card is not sufficient to state an offense under such subsection, particularly since the proscribed acts must be accompanied by intent to use the card, to sell it, or to transfer it to a person other than the issuer or cardholder. Wilder v. Com. 217 Va. 145, 225 S.E.2d 411 Va. (1976).
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Credit Card Fraud Massachusetts
Conviction for credit card theft was supported by evidence that defendant had possession of two credit cards that had been stolen from victim’s van, as well as hat and knife that were stolen at same time and place. Sandoval v. Com. 20 Va.App. 133, 455 S.E.2d 730 Va.App.,(1995).
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Credit Card Fraud Massachusetts
Sufficient evidence supported conviction for theft of credit card number, even though defendant testified that woman gave him number to buy him gift, where owner of credit card did not consent to use of credit card number, defendant testified at trial that he received number from woman, but did not know where woman lived or woman’s real name, and defendant told clerk at store that card belonged to him. Harrison v. Com.
32 Va.App. 525, 529 S.E.2d 330 Va.App.,(2000).
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Credit Card Fraud Massachusetts Criminal Lawyer
Evidence was sufficient to support grand larceny conviction, where victim’s credit card, leather jacket and other items were stolen from his car, victim’s missing credit card was found inside defendant’s left inside pocket during search incidental to his arrest 16 days later, defendant’s companion was wearing victim’s missing leather jacket, and defendant lived three-tenths of mile from where the larceny occurred. Bunn v. Com. 21 Va.App. 593, 466 S.E.2d 744 Va.App.,(1996).
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Sufficient evidence supported conviction for theft of credit card number, even though defendant testified that woman gave him number to buy him gift, where owner of credit card did not consent to use of credit card number, defendant testified at trial that he received number from woman, but did not know where woman lived or woman’s real name, and defendant told clerk at store that card belonged to him. Harrison v. Com. 32 Va.App. 525, 529 S.E.2d 330 Va.App.,(2000).
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Statute prohibiting credit card number theft criminalizes improper acquisition of credit cards and credit card numbers, and does not exclude individuals who obtain credit card numbers from discarded receipts, via the telephone or the internet, or any of the myriad ways in which credit card numbers can be fraudulently acquired without possession of the credit card or without the cardholder’s consent. Harrison v. Com. 32 Va.App. 525, 529 S.E.2d 330 Va.App.,(2000).
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Statute prohibiting credit card number theft did not require Commonwealth to prove that defendant received stolen credit card number directly from owner. Harrison v. Com. 32 Va.App. 525, 529 S.E.2d 330 Va.App.,(2000).
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