Pennsylvania Fraud Charges
Common white collar offenses include:
Credit Card Fraud (Pa. Cons. Stat. Title 18 § 4106):
Credit cards, debit cards and ATM cards are called "access devices" in Pennsylvania statutes, and this is technically called "access device fraud."
Pennsylvania law makes it illegal to:
- Use a counterfeit credit card or debit card;
- Use another person's credit card or debit card without that person's permission;
- Use a credit card or debit card that is revoked or canceled; or
- Creating, aiding in the creation of, using or possessing a counterfeit credit card or debit card.
A person is presumed to know that a card was counterfeit if he or she possesses two or more counterfeit cards. Also, a person is presumed to know a card has been canceled seven days after receiving notice in the mail of the card's cancellation.
Credit card fraud is a second degree misdemeanor if the amount allegedly defrauded was less than $50, a first degree misdemeanor if less than $500, and a felony if more than $500.
Insurance Fraud (Pa. Cons. Stat. Title 18 § 4117):
Insurance fraud covers a wide range of offenses that pertain to accusations of defrauding an insurance company. It includes filing false claims, filing misleading claims, or in any way assisting in those filings by filing false statements. It also includes attempting to use another person's insurance, including health insurance and auto liability insurance.
Insurance fraud is usually a third degree felony, although some charges might be a first degree misdemeanor.
Identity Theft (Pa. Cons. Stat. Title 18 § 4120):
It is a crime to possess or use the identifying information of another person, without that person's consent, with the intent of furthering any unlawful purpose.
Each instance of identity theft counts as a separate offense, and will be charged as an additional offense to the accused. If the amount allegedly defrauded with the identity theft was less than $2,000, it is a first degree misdemeanor. If more, it is a third degree felony. If the person whose identity was allegedly stolen is 60 or older, then the charges go up one degree.
Forgery (Pa. Cons. Stat. Title 18 § 4101):
Forgery is altering or fabricating any document and trying to use it for personal gain, or use it in any other criminal offense.
Forgery is a second degree felony if the alleged forged instrument is money, postage, food stamps, government securities, stocks, bonds or anything representing an interest in a company. It is a third degree felony if the document is a will, contract, deed or any document affecting legal relations. Anything not falling into one of these categories is a first degree misdemeanor.
Bad Checks (Pa. Cons. Stat. Title 18 § 4105):
Writing checks when the accused knows there is not enough money in the corresponding account. Bad check charges are in addition to theft charges, though it may be a defense if the person writing the check paid for the amount within 10 days of receiving notice of the check's refusal.
Bad checks are a summary offense if less than $200, a third degree misdemeanor for $200-$500, a second degree misdemeanor for $500-$1,000, and first degree misdemeanor for $1,000-$75,000, and a third degree felony for more than $75,000.
