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Credit Card Fraud
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The Social Market Foundation has called the UK the ‘card fraud capital of Europe’. In 2022, there were more than 2.97 million cases of credit card fraud in Britain with over 130 card frauds per 1000 people.

The most basic card fraud involves using someone else’s card for a transaction. For example, finding a card on the floor and using it to make a contactless purchase.

What are the main types of card fraud?

The scope of credit card fraud is immense. There are a large number of credit card fraud schemes which have led to prosecutions.

‘Card-Not-Present’ Fraud

‘Card-not-present’ operations use the card details of another person to make a purchase or transfer money. An individual may purchase card details from an illegal broker and then use those details online. They are the most common type of credit card fraud.

While that purchase sometimes ends the cycle, prosecutions have been brought where details are harvested with the intention of opening a new account in another’s name. Money belonging to the original individual is then spent by the second individual.

Skimming

Commonly seen in social media clips, skimming involves harvesting the information on a card with a bespoke machine. Sometimes these machines are designed to look like ordinary ATM card slots. They are then placed over the top of the ordinary ATM slot so that every time someone uses the ATM, the magnetic strip on their card is read both by the genuine ATM and the skimming tool. The skimmer gets the card’s PIN with a small camera or pressure sensor on the ATM keypad.

With that data, a card can be cloned and taken to another ATM for cash withdrawal.

Account breach

When an individual breaks through the security features of an online banking system, generating temporary ‘online only’ cards and making purchases, this is known as an account breach.

Companies such as Monzo allow customers to create new virtual cards every time for online shopping. In theory, these cards reduce the user’s risk of being defrauded, since the virtual card is often single use only.  

Other methods of account breach involve individuals pretending to be another person. Some cases prosecuted have involved the theft of un-shredded bills from recycling bins, with the data on those bills used to bypass security protocols.

What will happen if I am arrested for credit card fraud? 

If you are arrested for this offence, you will be taken to a police station for the purpose of being interviewed under caution. Among other rights you have the right to be represented at this interview by a solicitor free of charge. This is usually a duty solicitor nominated by the police. You also have however the right to nominate a solicitor of your choice. The solicitor will be able to obtain some information from the investigators about why you have been arrested and will be able to discuss this with you and provide you with advice prior to the interview.

ABV Solicitors have expert fraud solicitors able to attend the police station on short notice nationwide.

What should I do if I receive a letter from a crime enforcement agency such as the police, HMRC, FCA or SFO requesting me to contact them to arrange a voluntary interview? 

Upon receipt of such a letter it is critical that you seek the assistance of a solicitor immediately. ABV Solicitors will allocate a specialist credit card fraud solicitor for you and make arrangements on your behalf to liaise with the investigators and facilitate an interview at your convenience.

This will allow sufficient time for you to arrange a face-to-face meeting with a specialist solicitor in advance of any interview so you can be advised, and fully prepared on what to expect.

We are here to fully support you and those concerned during this difficult time. Obtaining immediate legal advice can make all the difference to the outcome of the investigation.

What if I am released under investigation or released on bail for credit card fraud and need a solicitor or wish for a second opinion?

This can be an extremely stressful time for you, your family and your business.

You may have already been interviewed and released on bail or released under investigation. You may have not used a solicitor at all during your interview or are not confident with the solicitor who represented you and require a specialist solicitor with experience in this area.

Whatever the situation, ABV Solicitors have a dedicated team of experts who are experienced in this field and who can provide you with sound advice and assistance.

What if I am charged with credit card fraud?

If you have been charged with credit card fraud you must seek the assistance of a defence specialist immediately. ABV Solicitors have a dedicated Fraud and Financial Crime department consisting of experienced solicitors who are specialist in this field.

ABV Solicitors can provide immediate advice and assistance and assist you and your business during this stressful time.

Restraint Orders and Account Freezing Orders 

Law enforcement agencies such as the police, HMRC, FCA or SFO often use ancillary powers in addition to making arrests and search warrants. These include applying for Restraint Orders or Account Freezing Orders under the Proceeds of Crime Act 2002.

The purpose of this is to prevent those under suspicion to dissipate assets which may have been acquired through the commission of committing offences.

These Orders are draconian and can cause severe disruption to the lives of individuals and those connected to them including their businesses.

ABV Solicitors have a dedicated team of experts within their Fraud and Financial Crime Department who specialise in tackling these Orders.

If any of the above circumstances apply to you or someone you know contact ABV Solicitors Fraud and Financial Crime Department immediately on 0344 587 9996 or visit our website at www.abvsolicitors.co.uk

ABV Solicitors are available 24/7 and offer their professional expertise and assistance nationwide.