Financial Transaction Card Forgery

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In Georgia it is against the law to make a fake financial transaction card in the name of another person or to alter any credit or debit card’s encoded information.

What is Financial Transaction Card Forgery?

A person commits the offense of financial transaction card forgery when:

(1)  With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely makes or falsely embosses a purported financial transaction card;

(2)  With intent to defraud a purported issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, he falsely encodes, duplicates, or alters existing encoded information on a financial transaction card or utters such a financial transaction card; or

(3)  He, not being the cardholder or a person authorized by him, with intent to defraud the issuer; a person or organization providing money, goods, services, or anything else of value; or any other person, signs a financial transaction card.

Examples

Falsely making a financial transaction card in Georgia occurs when someone makes or draws a card that is in someone else’s name but is not their actual card because they did not authorize the making or drawing of the card which was issued by the credit or debit card company.

Falsely embossing a financial transaction card in Georgia occurs when someone adds a name, card number, expiration date or security code to a card that already exists.

Falsely encoding a financial transaction card in Georgia occurs when someone erases or alters, electronically, magnetically, or electromagnetically information on the card that will permit acceptance of that card by an ATM.

If you are found in Georgia with two falsely made, embossed, or encoded financial transaction cards it is evidence under the statute that a crime has been committed.

Sentencing

If you are found guilty of violating this statute, you will be convicted of a felony and sentenced one to three years in custody.

Please call us today for a free consultation regarding financial transaction card forgery in Georgia at 404-581-0999.

False Identification in Georgia

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A couple times a month we receive a call from someone who receives a letter from the Department of Driver Services stating they are being investigated for providing fraudulent information, false identification, on their drivers license. That crime and others are covered in Official Code of Georgia Annotated (O.C.G.A.) 16-9-4; Manufacturing, Selling, or Distributing False Identification Documents.

What exactly does this mean?

Under O.C.G.A. 16-9-4 it is unlawful for any person to knowingly possess, display, or use any false, fictitious, fraudulent, or altered identification document. It is also unlawful to make, alter, sell, distribute or deliver the identification document with intent to provide them for others. An identification document has to be issued by a government agency or by authority of the government and it must contain a name, and a description or photograph. Common identification documents include passports, VISAs, military IDs, driver’s licenses, or state issued ID cards. This also includes employer issues ID badges, if the badges contain a trademark or trade name and access cards that are unique to specific individuals.

What will happen?

Anyone found guilty of possessing an identification document for their own use would be guilty of a misdemeanor. If you’ve made, altered or sold identification documents for others, they you would be guilty of a felony. Also, if you’re found to use property to help you in violating this code section, you can be subject to civil forfeiture of the property used to aid in possessing, making, altering, or selling these identification documents.

 

If you’ve been charged or are worried you are going to be charged with an identification document violation in Georgia, call us today for a free consultation at 404-581-0999.

 

by Ryan Walsh

Forgery Laws in Georgia

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by Ryan Walsh

There are four degrees to the offense of Forgery in the State of Georgia.

Forgery in the first and second degree involves the making, possession or alteration of a writing other than a check in a fake name or in a manner that alleges the document was made by another person at another time without the authority of that other person. It is forgery in the first degree if that writing is used, presented , or delivered; and forgery in the second degree if it is never used, presented or delivered.

To be found guilty of forgery in the first or second degree you have to have knowledge that the writing is forged and that you have made, possessed or altered the document with the intent to defraud another party.

Forgery in the third and fourth degrees involve the same elements of forgery discussed above but the writing involved is a check.  If the check is for $1,500 or more or you have ten or more checks in your possession then you will be charged with forgery in the third degree. If the check is for less than $1,500 or you have less than ten checks in your possession then you will be charged with forgery in the fourth degree.

Forgery in the first through third degrees is a felony offense in the State of Georgia. Forgery in the fourth degree is a misdemeanor offense.

If you’ve been contacted by a law enforcement official about a potential issue at a bank it is important that you exercise your right to remain silent and call a lawyer immediately to discuss your case, your options, and potential outcomes.

Being convicted of a forgery charge can impact your ability to gain future employment or obtain professional certifications in the State of Georgia.

Our office of Georgia criminal defense attorneys have experience in defending forgery and fraud crimes. Call us today at 404-581-0999 for a free consultation.