Access Device Fraud question

[kingcuppie]

What is the name of your state (only U.S. law)? PA

my girlfriend was charged with access device fraud for supposedly
submitting an electronic payment to her credit union for her credit card payment that was returned. they said it was an invalid checking account number .They gave her available credit before they checked if the payment was good.
I know like every other credit card company has rick management people that decide whether to give available credit right away or hold the payment.
when you get bad credit cards like from first premier, they will hold your payment up to 20 days before givng available credit. Also, I've had returned credit card payments before from other big credit card companies and they never charged me with a crime, just added it back to my balance with a returned payment fee. MY girlfriend lives in a small hick town and the police think they are god. Anyways, my question is how can i find out if ever in the history of access device fraud cases, has anyone ever been charged with access device fraud for making an electronic payment on their OWN credit card account and it was returned, but they used the available credit from it before it was returned. My only other question is, if there never has been, would that probably be a good defense? Please ONLY answer if you have specific information
thanks!

 

[Zigner]

What is the name of your state (only U.S. law)? PA

my girlfriend was charged with access device fraud for supposedly
submitting an electronic payment to her credit union for her credit card payment that was returned. they said it was an invalid checking account number .They gave her available credit before they checked if the payment was good.
I know like every other credit card company has rick management people that decide whether to give available credit right away or hold the payment.
when you get bad credit cards like from first premier, they will hold your payment up to 20 days before givng available credit. Also, I've had returned credit card payments before from other big credit card companies and they never charged me with a crime, just added it back to my balance with a returned payment fee. MY girlfriend lives in a small hick town and the police think they are god. Anyways, my question is how can i find out if ever in the history of access device fraud cases, has anyone ever been charged with access device fraud for making an electronic payment on their OWN credit card account and it was returned, but they used the available credit from it before it was returned. My only other question is, if there never has been, would that probably be a good defense? Please ONLY answer if you have specific information
thanks!

I know of at least one case...

 

[Some Random Guy]

She needs a lawyer to defend against this charge. Instead of asking why the credit card company should forgive her for her actions and not presecute, you should ask why the account number was invalid. Was it simply a mistyped number and she had funds in her account to cover the transfer? Or was it really a bogus number and she was commmitting fraud?

has anyone ever been charged with access device fraud for making an electronic payment on their OWN credit card account

Well most people who commit obvious fraud like fraudulent transfers are usually smart enough to not do it using accounts that can be traced back to them. Whether or not this situation has been prosecuted before is not that important here.

 

[Zigner]

i said it was a RETURNED PAYMENT since it wasnt paid, it was returned because she supposedly submitted an incorrect checking accoutn number. I never said it was a FRAUDULENT TRANSFER. that would be up to a court to PROVE it was that. geez, can anyone help me, like refer me to a good law library or online law library that i can pay to join to look this up and confirm what i think, that there has never been a case like this, because its really not a crime, just the dumb hick credit unions fault for giving available credit without holding the payment or at least verifying it with her first. I mean it couldve been simply as typing in the wrong checking accounrt number. I really need to know so we can cancel their ard deal.
anyways , any info?

Butt out - let your GF and her attorney handle it.

 

[Some Random Guy]

I can read just fine.

my girlfriend was charged with access device fraud for supposedly
submitting an electronic payment to her credit union for her credit card payment that was returned. they said it was an invalid checking account number

So, if her electronic payment came from a fictitous checking account, then it is FRAUDULENT and it is an attempted TRANSFER of money.

that would be up to a court to PROVE it was that.

Yes, and since she was charged and is going to see the inside of a courtroom soon I asked you if it was really fraud or if it was a typo. You deliberately ignored that so I will assume she's a criminal.

its really not a crime, just the dumb hick credit unions fault for giving available credit without holding the payment or at least verifying it with her first.

Oh, I get it! Your girlfriend scams a bank into thinking that she made a deposit and then spends the money and its the banks fault for trusting her! I understand you perfectly now. Tell us how that defense works in court.

 

[kingcuppie]

No help here

nevermind, you're all NO HELP here. I told you Some Random Guy that
it migthve been a typo or she might not even made the payment. i failed to mention shes alway paid by real check, never made an electronic payment before and someone in her family couldve made the big elctronic payment trying to use her card before she found out, but she got to it before they did and just thought it was a credit limit increase.
ill tell her to demand her public defender research this to see if there ever was a case like this. NO MORE COMMENTS NECCESSARY

 

[Zigner]

nevermind, you're all NO HELP here. I told you Some Random Guy that
it migthve been a typo or she might not even made the payment. i failed to mention shes alway paid by real check, never made an electronic payment before and someone in her family couldve made the big elctronic payment trying to use her card before she found out, but she got to it before they did and just thought it was a credit limit increase.
ill tell her to demand her public defender research this to see if there ever was a case like this. NO MORE COMMENTS NECCESSARY

The PD will LAUGH - it has no bearing on THIS case. Run along now and take your attitude with you.

 

[AnotherMoron]

nevermind, you're all NO HELP here. I told you Some Random Guy that
it migthve been a typo or she might not even made the payment. i failed to mention shes alway paid by real check, never made an electronic payment before and someone in her family couldve made the big elctronic payment trying to use her card before she found out, but she got to it before they did and just thought it was a credit limit increase.
ill tell her to demand her public defender research this to see if there ever was a case like this. NO MORE COMMENTS NECCESSARY

It's people like you that make this forum an hilarious lunch time read. Thanks for playing!

 

[Antigone*]

It's people like you that make this forum an hilarious lunch time read. Thanks for playing!

We didn't even need our daily dose of HIJACK TRIVIA today...we had the king!!!