PC 484(e) – Theft of Access Cards, Credit Cards; or Theft of Access Card, Credit Card Information
Theft of Credit Cards; or Theft of Credit Card Information – Table of Contents
- PC 484(e) Overview
- PC 484(e) Prosecuting
- PC 484(e) Sentencing
- PC 484(e) Defending
- Theft of Credit Cards / Information – Hire Us
What is Theft of Access Card or Credit Card Information as defined under California Penal Code 484e?
Any person who sells, transfers, or conveys an access card or credit card without the card holder’s or issuer’s consent ; or any person who within a 12 month period, obtains or acquires more access cards or credit cards of more than 4 persons ; or any person who obtains or acquires an access card or credit card without that card holder’s or issuers consent with the intent to use, sell or transfer to another ; or any person who obtains or acquires access card or credit card information that was issued to another without that card holder’s consent- to use without consent.
What is an access card or credit card as defined under California Penal Code 484e?
An access card is any card, plate, code key, account number setting, or any means of account access that can be used by itself or with another form access card to obtain money, goods, services or anything of consideration or value without the use of presenting a paper document.
What is a cardholder as defined under California Penal Code 484e?
A cardholder is a person who has been provided an access card by a card issuer or has been provided an access card by a card issuer to pay debts which derived from the use of the access card.
What is a card issuer as defined under California Penal Code 484e?
A card issuer is the company that arranges for the access card to be registered to a cardholder; or is an originally registered party to whom the access card was registered to who designates the access card’s use to another for a designated purpose; or is an agent of the company or registered party.
Is California Penal Code 484e a specific intent crime?
Yes. The person or company in reference to the violation must have acquired the intent to defraud prior to the completion of the conduct. The intent to defraud is the intent to deceive another person or company to cause a loss of: money, good, services, a legal right, financial right, property right, or loss of genuine perceived value.
What is the definition of defrauding or forgery under California Penal Code 484e?
Fraud is an intentional misrepresentation of a fact for gain at the misfortune of another targeted or in receipt of the information who must rely on the misrepresentation.
Can a business entity (501-3c or LLC, LP, S Corp) be charged with a violation of California Penal Code 484e?
What are the penalties for a violation of California Penal Code 484e?
A violation of California Penal Code 484e can be charged as a misdemeanor or a felony dependent on the circumstances. If it is alleged that a person or business entity transferred, or conveyed an access card or credit card without the card holder’s or issuers consent the violation is a misdemeanor. If it is alleged that a person or business entity, within a 12-month period, obtained or acquired the access cards or credit cards of more than 4 persons the violation is a felony. If it is alleged that a person or business entity personally used sold or transferred the access card to another the violation is a felony.
The exposure of confinement for a violation of California Penal Code 484e as a misdemeanor is no more than 1 year in State Jail. The exposure of confinement as felony as dependent on the number of acts defined per credit card; the number of credit cards per act; persons involved; and the severity of loss can be categorized confinement of 16 months, 2 years or 3 years in State Prison, unless 1 year of jail time or alternative punishment can be negotiated prior to preliminary hearing and preferably during pretrial
Since this is a financial crime restitution might be required.
What is an example of a violation of California Penal Code 484e?
- Sam was a top sales agent for Awesome Water Beverages Company in Los Angeles. They sent him on a trip to Texas to promote their new brand of infused drinks. They gave him an expense card with the specific instructions that the card be used for expenses incurred on the trip and or to supplement meals, transportation and lodging. Sam, while sleeping at the hotel, was called by his ex-girlfriend who was stranded in Idaho at 3am with a flat tire and needed to pay a mobile tire delivery service who brought her a spare. His girlfriend drove a 2023 Range Rover. She paid $800 for the spare tire. Sam gave her the expense card information over the phone. The next day, the HR administrator documented the purchase, as she was able to follow Sam’s purchases on a daily basis. The HR administrator disabled the card, contacted the sales director and called the LAPD for an investigation. When Sam returned from the trip he was confronted about the purchase and was fired. After an investigation he was sent a notice to appear for arraignment in court due to charges alleging a violation of California Penal Code 484e.
What are the defenses for a violation of California Penal Code 484e?
- Lacking Specific Intent to Defraud.
- Diminished Capacity.
- The access card was of token or novelty.
- Lack of knowledge that the card was acquired by nature of criminality.
- The access card although qualifying under the Statute was not activated nor registered at the time of the act to anything of value.
- Lack of possession of actual or constructive.
- Ongoing permissible use of the access card that is documented, after repayment of the amount in dispute.
If you are charged with a violation of California Penal Code 484e, call The Esfandi Law Group, APLC. Seppi Esfandi, Principal Attorney of The Esfandi Law Group, APLC, his staff, and Attorneys are delighted to discuss your legal issues and seek retainment to provide solutions.
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