PC 484(f) – Forging Credit Card Information

PC 484f - Credit Card Forgery

Forging Credit Card Information – Table of Contents

PC 484(f) – Overview

What is Forging Access Card or Credit Card Information as defined under California Penal Code 484f?

Any person who designs an access card or credit card that is known to be counterfeit manufactures an access card or credit card that is known to be counterfeit, alters a known access card or credit card known to be counterfeit, or places signage or symbol on an access card or credit known to be counterfeit; or any person without authorization signs the name of another to an access card or credit card issued to the verified cardholder, and that signature was no authorized by the cardholder and the signature.

PC 484(f) – Prosecuting

What is a forgery as defined under California Penal Code 484f?

Forgery is the physical altering or intentional misrepresentation of a subject matter or physical item at issue for which the subject matter or physical item is of significance to another who relies on its apparent veracity to make a subsequent decision or act, but then relies on the misrepresentation of fact of its apparent veracity to their detriment.

What is an access card or credit card as defined under California Penal Code 484f?

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 of access card to obtain money, goods, services or anything of consideration or value without the use of presenting a paper document.

What is a counterfeit access card as defined under California Penal Code 484f?

An access card is considered counterfeit when the card itself, including its contents, have been altered, or forged with the specificity of the false representation of that card’s purpose, designation, or affiliation as required for its utility in the digital or physical marketplace.

What is a cardholder as defined under California Penal Code 484f?

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 derived from the use of the access card.

What is a card issuer as defined under California Penal Code 484f?

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.

What is the definition of altering as defined under California Penal Code 484f?

Altering is adding to a counterfeit access card or changing a legally registerable access card created by a card issuer in any part of that affects the legal significance to use for the deprivation of another.

Is California Penal Code 484f 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, legal right, financial right, property right, or loss of genuine perceived value.

What is the definition of defrauding or forgery under California Penal Code 484f?

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?

Yes.

PC 484(f) – Sentencing

What are the penalties for a violation of California Penal Code 484f?

A violation of California Penal Code 484f can be charged as a misdemeanor or a felony depending on the circumstances. If the representation or circumstances of the forgery relate to an amount less than $950 it is charged as a misdemeanor. If the representation or circumstances of the forgery relate to an amount exceeding $950 it is charged as a felony.

The exposure of confinement for a violation of California Penal Code 484f as a misdemeanor is no more than 1 year in State Jail. The exposure of confinement as a felony is dependent on the number of acts defined per credit card; the number of credit cards per act; the persons involved; and the severity of loss can be categorized as confinement range 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 a preliminary hearing and preferably during pretrial

Since a violation of California Penal Code 484f is a financial crime restitution may be required.

What is an example of a violation of California Penal Code 484f?

  1. Jamie was a Walmart employee who worked near the UCLA campus. He was a student at USC who worked part-time to pay for his monthly luxury car note. One day his neighbor Yotoma whom he did not speak to, but recognized came into the store and bought an Apple I phone 14 PRO TB with add-ons totaling $2000. Yotoma was a UCLA student. He told Jaime that he was just accepted into the Stanford GSB Program for business. Jaime felt that Yotoma did not deserve this achievement. While Yotoma attempted to insert his card in the chip reader, Jamie told Yotoma the chip reader did not work, Yotoma attempted to swipe the card, but unbeknownst to Yotoma, Jaime canceled the payment on his register terminal and stated that the entire card reader malfunctioned but could manually input the information. Yotoma agreed. While inputting the information Jamie memorized the card information. After the purchase, Jamie took the debit card information and gave it to a friend who used a credit card machine to create a fake debit card. Two days later Yotoma checked his balance and discovered his $100,000 account balance was now $500. Yotoma contacted the LAPD who was able to trace his last verifiable purchase to the iPhone. After an investigation, several people were arrested. Jaime was identified as the original source of the credit card information placed on the counterfeited credit card. After an investigation, he was arrested, fired from Walmart, and expelled from USC.

PC 484(f) – Defending

What are the defenses for a violation of California Penal Code 484f

  1. Lack of Identity.
  2. Lack of the Specific Intent to Defraud.
  3. Duress.
  4. No proof of criminal association or conspiring association attached to the crime.
  5. The access card although qualifying under the Statute was not activated nor registered at the time of the act to anything of value.
  6. Lack of possession both actual and constructive.

PC 484(f) – Hire a Lawyer

If you are charged with a violation of California Penal Code 484(f), 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.

Call Us for a FREE Case Review: 310-274-6529

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Lara S.
June 4, 2018
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Seppi had my case reduced to just an infraction, and thanks to him I was able to keep my job. Jorge was extremely helpful too, the reason I went with this law firm. Overall pleased.

How to Win Your Case

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