PC 484(j) – Publishing Credit Card Information

PC 484(j) - Publishing Credit Card Information

Publishing Credit Card Information – Table of Contents

PC 484(j) – Overview

What is Publishing Credit Card information as defined under California Penal Code 484(j)?

Any person who publishes no matter if the access card or credit card is canceled, revoked, expired or non-existent: a number, code, personal identification number, code of an existing, personal identification number, computer password, access code, debit card number, account number, bank account number, or the coding utilized for the access card or credit card- and the publishing was done so without consent.

What is the definition of publishing as defined under California Penal Code 484(j)?

Publishing means the communication of information to anyone by any medium both physical or digital which conveys and understanding of information described.

PC 484(j) – Prosecuting

What is an access card or credit card as defined under California Penal Code 484(j)?

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 cardholder as defined under California Penal Code 484(j)?

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 484(j)?

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 484(j) 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.

Can a business entity (501-3c or LLC, LP, S Corp) be charged with a violation of California Penal Code 484i?

Yes.

PC 484(j) – Sentencing

What are the penalties for a violation of California Penal Code 484(j)?

A violation of California Penal Code 484(j) can be charged as a misdemeanor.

The exposure of confinement for a violation of California Penal Code 484h as a misdemeanor is no more than 1 year in State Jail.

Since this is a financial crime restitution might be required.

What is an example of a violation of California Penal Code 484(j)?

  1. Shania really was not happy with how her date went with Roma. She heard from his last date, that he took her Kelsey to the same restaurant Shania and Roma went to last night. Shania also found out that Roma picked up Kelsey in one of his vamped Aston Martin DB 3 classics- Kelsey took pictures of the car and sent it to her via text. Fortunately for Shania Roma left his wallet at her condo last night ,but has not called her this morning looking for it. She opened up the wallet, finding 5 AMEX Black Cards of various level designations. Shania placed the information of the AMEX cards on a recently created social media account she created to chat with other likeminded females who researched and dated men of Roma’s wealth. One of the women, Tanisha, was a financial adviser for an investment bank. She read the posted information. Tanisha knew of similar people in Roma’s circle. She informed them of Shania’s rants and placement of information. Tanisha saved all the discussions as PDFs and sent it to a mutual acquaintance of Roma. Roma, when notified, called his attorney and the Los Angeles District Attorney’s Office. Shania, two days later, was provided with a search and arrest warrant at home after work. After confiscating her computer, the computer was researched at the LAPD headquarters and confirmed to be the source of the placed information. She was arrested.

PC 484(j) – Defending

What are the defenses for a violation of California Penal Code 484(j)?

  1. Lack of Identity to associate with the published content.
  2. Lack of the Specific Intent to Defraud.
  3. Duress.
  4. Mistake in fact of the identity of the receipt of the information by presumed authority.
  5. No proof of criminal association or conspiring association attached to the crime.
  6. Lack of possessions of the digital medium, laptop, PC, Mac to demonstrate the source of posted information.

Charged with Credit Card Fraud? Call 310-274-6529
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PC 484(j) – Hire a Lawyer

If you are charged with a violation of California Penal Code 484(j), call The Esfandi Law Group, APLC. Seppi Esfandi, Principal Attorney of 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

We cannot stress enough that you read, understand and follow these 10 basic rules if you are criminally charged or under investigation:

  1. Don’t ever talk to the police
  2. Do not discuss your case with anyone
  3. Everything you tell your lawyer is confidential
  4. Tell police you need to contact your attorney
  5. Never consent to any search by the police
  6. If the police knock on your door, don't answer!
  7. Realize the consequences of a criminal conviction
  8. Your lawyer (not you) will contact any witnesses
  9. Information on your cell phone is evidence
  10. Early Intervention is the key

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