Over the last two decades, credit and debit cards have moved from being the exception to the norm. For that reason, credit card fraud laws carry stringent punishments. As an Illinois resident, it is important to understand the consequences of credit card fraud to avoid complex legal disputes. However, if you ever face charges for credit card fraud or other white-collar crimes, you must assemble a solid defense with an accomplished white-collar crime lawyer to defend these criminal charges and your rights in court. 

Illinois Credit Card Fraud Laws

Illinois has laws that punish the wrongful possession, sale, or use of a credit card. This law does not only pertain to stolen credit cards. You cannot use a false statement to apply for new credit or debit cards, use a credit card as security for a debt, use counterfeit or expired credit cards, or use credit cards with a willful intent to defraud. In all of these cases, the severity of the punishment is based on the cash value of whatever property was gained, even if there was only an attempt. 

All credit card fraud crimes that are not the use of a counterfeit card or using a credit card with the intent to defraud are classified as Class 4 felonies, the lowest level of felonies. A Class 4 felony can result in one to three years in prison, periodic imprisonment up to 18 months long, or probation for up to 30 months. The last option will only be exercised if the court hearing the fraud case believes that imprisonment is not necessary to protect the public. Class 4 felonies also can carry fines of up to $25,000, restitution, or both. 

Counterfeit credit card use or willful defrauding are Class A misdemeanors, which carry lighter consequences. If you are charged with a Class A misdemeanor, you could face normal or periodic imprisonment for up to one year, probation for up to two years, and fines with a maximum of $2,500 for each offense.

Contact a Plainfield, IL Criminal Defense Attorney

Class A misdemeanors and Class 4 felonies both deserve the robust defense that a skilled Will County credit card fraud lawyer can help you develop. Although you should avoid using misplaced credit or debit cards and should always obey Illinois fraud laws, it is important to speak to the Law Offices of Tedone & Morton, P.C. if you are facing such charges. If you have any questions on how to move forward with your case and how our white-collar crime attorneys can look after your rights and best interests, call our office today at 815-666-1285 to schedule a free consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=1876&ChapterID=53&SeqStart=56800000&SeqEnd=58900000

In Illinois, white-collar crimes can be accompanied by strong punishment. As such, it is important to understand what constitutes embezzlement and what kinds of charges such an act can result in. There are many different levels of embezzlement as defined by Illinois law, and there are different charges for each. Regardless of the circumstances of any criminal charge you may face, defend your rights to the fullest extent with the help of a trusted white-collar crime attorney. 

Illinois Embezzlement Laws

Embezzlement is defined as theft when there is a fiduciary relationship between the involved parties when the embezzler acquires property as a result of his or her relationship and transfers that property to another party for his or her own gain, and when these actions are intentional and not due to a misunderstanding. Someone can be charged with embezzlement for the theft of tangible or intangible property. Tangible property can be anything from jewelry to cars, and intangible property can be money, stocks, billing schemes, and other financial assets.

There are many different tiers of embezzlement since the same crime encompasses a range of theft from an employee stealing from a cash register to a stockbroker stealing millions. The different categories of embezzlement are defined and punished as such:

• Under $500 not from a person: Class A misdemeanor and is punishable by less than one year in prison and fines up to $2,500

• Under $500 from a person or between $500-$1,000: Class 3 Felony that could lead to 2-5 years in prison and fines up to $25,000

• Between $10,000-$100,000: Class 2 Felony punished similarly to the previous Class 3 Felony

• Between $500,000 - $1,000,000: Class 1 Non-Probation Felony

• Over $1,000,000: Class X Felony

• Theft by Deception of at least $5,000 from a victim age 60 or older: Class 2 Felony

It is important to note that any of these crimes, when committed in a school or religious institution or involving government property, will result in at least a Class 2 Felony with 3-7 years in prison and fines up to $25,000.

Contact a Will County White-Collar Crime Attorney

Embezzlement is a serious charge, and it demands a strong and highly capable defense. If you or someone you know is accused of any criminal activity, it is imperative that you seek professional legal counsel. At the accomplished Law Offices of Tedone & Morton, you will find a trustworthy team with years of experience defending clients in white-collar cases. To schedule a free consultation with our Plainfield, IL criminal defense lawyers, call us today at 815-666-1285.

Source: 

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-1

Scammers are at work every day attempting to steal from hard-working people, young people, and even elderly people. The crime of identity theft can cause a victim to endure significant financial hardship. Identity thieves can strike when they are least expected. They can get their information via the Internet -- by tricking a victim into sending personal information through an email -- or even by searching through trash cans to find documents with personal information. It is important to understand how Illinois defines identity theft if you or someone you know is facing these criminal charges. 

How Does Illinois Define Identity Theft?

Illinois law describes a wide range of crimes that can be classified as identity theft. The punishments that follow can alter an offender’s life forever because of the serious outcomes of committing the crime. According to Illinois law, a person commits an act of identity theft if he or she:

• Uses another person’s identifying information to obtain goods, money, and/or services or to commit another type of felony

• Obtains another person’s identifying information and then sells or transfers that data to another person who is intent on committing a crime

• Uses another person’s identifying information when he or she knows that the data has been stolen

• Possesses equipment that can create false identifying information or documents

• Uses another person’s identifying information in order to gain access to more personal data

Most of these crimes are punished as felonies, with penalties increasing in severity depending on the circumstances of the offense and the stolen property’s value, as shown below:

Class 4 Felony - One to three years in prison and a fine up to $25,000:

• Theft of property, money, goods, or services not exceeding $300 in value

Class 3 Felony - Two to five years in prison and a fine up to $25,000:

• If an offender convicted of identity theft under $300 in value has previously been convicted of any type of theft, robbery, of burglary

• If an offender is convicted of identity theft under $300 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $2,000 in value

Class 2 Felony - Three to seven years in prison and a fine up to $25,000:

• If an offender is convicted of a subsequent act of identity theft under $300 in value against an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $2,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $10,000 in value

Class 1 Felony - 4 to 15 years in prison and a fine up to $25,000:

• Theft not exceeding $10,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft not exceeding $100,000 in value

Class X Felony - 6 to 30 years in prison and a fine up to $25,000:

• Theft not exceeding $100,000 in value when the victim is an active member of the U.S. Armed or Reserve Forces

• Theft exceeding $100,000 in value

Aggravated identity theft may charged when an offender’s victim is a person over 60 years of age or if the offender committed the crime as part of gang activity. Depending on the value of the property stolen, aggravated identity theft may range from a Class 3 felony to a Class X felony.

Contact a Joliet, IL Criminal Defense Attorney

If you or a loved one is being investigated for identity theft, it is crucial to hire a lawyer who can make sure your rights are not being violated. The attorneys at the Law Offices of Tedone & Morton, P.C. have extensive experience defending all types of white collar crimes, including the different classes of theft. To schedule a free consultation with a Will County identity theft defense lawyer, call our office today at 815-666-1285.

Sources:

https://www.consumer.gov/articles/1015-avoiding-identity-theft#!what-to-know

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K16-30

The state of Illinois classifies forgery as a “deceptive offense.” This means that the act involves defrauding a person or business with the intent to receive personal gain or cause financial loss to the victim. Forgery is punishable in Illinois as a felony offense, and those who are caught can face serious consequences from fines to jail time. It is important to understand what actions constitute this white-collar crime and the consequences for someone accused of it. 

What Is Forgery?

Any act that defrauds (illegally obtaining money from a person or business) a specific victim is classified as forgery. This includes any of the following:

• Creating or altering documents that make defrauding someone possible

• Delivering documents that can defraud someone

• Possession with intent to deliver fraudulent documents

• Unlawfully using someone else’s signature

• Unlawfully using someone else’s device PIN number to create an electronic signature

Someone can also be charged with forgery if he or she creates a false academic degree without the words “for novelty purposes” displayed somewhere on the document. If the words are not included, the offender will be charged with a Class A misdemeanor.

Forgery is almost always considered a Class 3 felony punishable by two to three years in prison, periodic imprisonment of up to 18 months, fines of up to $25,000 per offense, and restitution payments. Charges are decreased to a Class 4 felony status if only one Universal Price Code Label is used in the offense. Punishments include a one- to three-year prison term, periodic imprisonment of up to 18 months, fines of up to $25,000, and restitution payments.

Defensive Strategies for Forgery Charges

In order for the prosecution to successfully convict someone of forgery, they must prove intent to defraud beyond a reasonable doubt. With the help of a knowledgeable attorney, a defendant can fight back with several strategies, such as:

• No intent to defraud

• Mistake of fact

• Duress or compulsion: The offender was coerced into doing something he or she would not have done on his or her own

• Infancy (for offenders who are under 13 years of age)

• Insanity

Contact a Joliet, IL Criminal Defense Attorney

In most cases, forgery is considered a felony under Illinois law. Penalties can range from jail time to steep fines, depending on the circumstances. If you or someone you know has been accused of this crime, you need skilled legal counsel. A lawyer from Tedone & Morton, P.C. can thoroughly examine your case and advocate on your behalf to protect you from a negative outcome. To schedule a free consultation with a Will County forgery defense lawyer, call our office today at 815-666-1285.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K17-3