Credit Card Fraud Charges in Florida: When Can the Case Become Federal?
Credit card fraud charges in Florida can range from relatively limited state allegations involving unauthorized card use to complex investigations involving stolen account information, counterfeit cards, skimming devices, multiple victims, interstate transactions, and federal agencies.
One of the first questions someone facing an investigation may have is:
Is this going to remain a Florida case, or can it become federal?
There is no single dollar amount that automatically converts every credit card fraud case into a federal prosecution.
Instead, jurisdiction depends on the conduct involved, the statutes prosecutors believe apply, how the card or account information was used, whether financial institutions or interstate commerce were involved, and whether the investigation extends beyond a single local transaction.
Florida has its own credit card fraud laws under Chapter 817 of the Florida Statutes. Federal prosecutors, meanwhile, can use statutes such as 18 U.S.C. §1029, which covers certain fraudulent activity involving what federal law calls “access devices.”
Understanding the difference matters because federal investigations can involve different agencies, charging statutes, procedures, and potential penalties.
What Is Credit Card Fraud Under Florida Law?
Florida addresses credit card offenses primarily in Chapter 817, Part II of the Florida Statutes.
That section covers several types of conduct, including:
- Fraudulent use of credit cards.
- Obtaining cards through fraudulent means.
- Possessing or trafficking in counterfeit credit cards.
- Using revoked or expired cards with fraudulent intent.
- Skimming and reencoding payment-card data.
- Possession of certain credit-card-making equipment.
- Receipt of property obtained through fraudulent card use.
Florida Statute §817.61 specifically addresses fraudulent use of credit cards.
It applies when someone acts with intent to defraud and uses certain unlawfully obtained, forged, or unauthorized cards or represents without the cardholder’s consent that he or she is the cardholder in order to obtain money, goods, services, or something else of value.
Under the current Florida statute, the number of uses and value obtained within a six-month period can affect whether the offense falls within the penalty provisions for a misdemeanor or felony. Florida Statute §817.67 provides a first-degree misdemeanor for conduct falling under §817.67(1) and a third-degree felony for conduct governed by §817.67(2).
What Does It Mean for a Credit Card Fraud Case to Become Federal?
A federal case is prosecuted under federal criminal law rather than solely under Florida law.
In credit card investigations, one of the most important federal statutes is 18 U.S.C. §1029, titled Fraud and related activity in connection with access devices.
Federal law uses the broader term “access device.”
An access device can include not only a physical credit card, but also account numbers, codes, personal identification numbers, and other means of account access that can be used to obtain money, goods, services, or initiate transfers of funds.
That makes §1029 particularly relevant to modern fraud investigations involving stolen card numbers, digital account information, counterfeit cards, card-making equipment, or large collections of compromised payment credentials.
When Can Credit Card Fraud Become a Federal Crime?
There is no universal rule that every credit card fraud case involving a certain amount of money automatically becomes federal.
Instead, several factors may place conduct within federal criminal statutes.
1. The Conduct Affects Interstate or Foreign Commerce
Section 1029 expressly requires that the offense affect interstate or foreign commerce.
That interstate-commerce element is an important part of federal jurisdiction under the statute.
Modern payment-card transactions frequently involve networks, banks, processors, merchants, servers, or account holders located in different states.
But whether a particular case satisfies federal jurisdiction depends on the actual evidence and statute charged.
The existence of an online transaction alone should therefore not be treated as an automatic answer to whether a case will be prosecuted federally.
2. Unauthorized Access Devices Are Used or Trafficked
Federal law specifically criminalizes certain conduct involving unauthorized access devices.
For example, §1029(a)(2) covers knowingly and intentionally trafficking in or using unauthorized access devices during a one-year period when the conduct results in obtaining things of value totaling $1,000 or more, provided the required interstate or foreign commerce connection exists.
An “unauthorized access device” can include an access device that is:
- Lost.
- Stolen.
- Expired.
- Revoked.
- Canceled.
- Obtained with intent to defraud.
The federal definition is therefore broader than simply using a stolen physical credit card.
3. Counterfeit Credit Cards or Account Credentials Are Involved
Federal law also covers certain conduct involving counterfeit access devices.
Under §1029, a counterfeit access device can include an access device that is counterfeit, fictitious, altered, or forged.
Federal prosecutors may therefore examine cases involving:
- Counterfeit cards.
- Reencoded cards.
- Fraudulently created payment credentials.
- Account numbers placed on other cards.
- Digital payment credentials.
- Other forms of altered access devices.
Florida separately criminalizes possession or trafficking in counterfeit credit cards, which means the same investigation may potentially implicate both state and federal statutes.
4. The Defendant Allegedly Possesses Many Unauthorized Devices
Another federal provision applies to someone who knowingly and with intent to defraud possesses 15 or more counterfeit or unauthorized access devices.
That threshold appears in §1029(a)(3).
This type of allegation can arise when investigators recover:
- Lists of card numbers.
- Account credentials.
- Multiple counterfeit cards.
- Data stored on computers or phones.
- Information recovered from skimming operations.
The statute’s definition of an access device means prosecutors may not necessarily need 15 physical plastic cards.
Digital account information can also be relevant.
5. Card-Making or Reencoding Equipment Is Involved
Section 1029 also criminalizes certain conduct involving device-making equipment when a person knowingly and with intent to defraud produces, traffics in, controls, or possesses that equipment.
Florida law similarly addresses equipment and technology used to obtain or reencode payment-card information.
For example, §817.625 regulates certain fraudulent uses of scanning devices, skimming devices, and reencoders.
Cases involving this kind of equipment can therefore become significantly more complicated than an allegation involving one unauthorized purchase.
6. The Scheme Involves Multiple Victims or Financial Institutions
Credit card investigations involving multiple cardholders, banks, merchants, or payment processors may attract federal attention, particularly when the activity crosses state lines or fits within specific federal fraud statutes.
The size of a scheme alone does not determine jurisdiction.
But larger investigations often generate evidence involving:
- Multiple accounts.
- Multiple banks.
- Transactions in different states.
- Online purchases.
- Payment processors.
- Interstate communications.
- Coordinated participants.
Depending on the facts, prosecutors may consider statutes beyond §1029.
Can Credit Card Fraud Also Become Bank Fraud?
Potentially.
Federal bank fraud under 18 U.S.C. §1344 involves knowingly executing or attempting to execute a scheme either to defraud a financial institution or to obtain property under the custody or control of a financial institution through false or fraudulent representations.
The statute authorizes penalties of up to 30 years’ imprisonment and a fine of up to $1 million.
But not every unauthorized credit card transaction is automatically federal bank fraud.
The facts must satisfy the elements of §1344.
Where a credit card investigation involves allegations that a bank or other covered financial institution was directly targeted or its property was obtained through a fraudulent scheme, bank fraud may become another potential federal charge.
For a detailed discussion of that statute, see our guide to bank fraud charges in Miami.
Can Online Credit Card Fraud Lead to Wire Fraud Charges?
It may.
Federal wire fraud under 18 U.S.C. §1343 applies when someone uses or causes the use of interstate or foreign wire communications as part of a scheme to defraud or obtain money or property through fraudulent representations.
The statute generally carries a maximum term of 20 years, with higher exposure in certain cases involving financial institutions or specified disaster-related benefits.
Internet communications, electronic payment systems, emails, telephone calls, and other electronic transmissions can potentially become relevant evidence.
That does not mean every digital credit card offense constitutes wire fraud.
The government must prove the elements of the particular federal statute charged.
For more on how online activity can lead to federal fraud allegations, see common online scams that lead to federal wire fraud charges in Miami.
Dustin Tischler Law also addresses the broader distinction between mail and wire fraud in Miami cases.
What About Identity Theft?
Credit card investigations sometimes overlap with allegations involving identity theft.
Federal aggravated identity theft under 18 U.S.C. §1028A can apply when a person, during and in relation to certain qualifying felony offenses, knowingly transfers, possesses, or uses without lawful authority a means of identification belonging to another person.
The general aggravated identity theft provision requires a two-year term of imprisonment in addition to the punishment for the underlying qualifying felony.
Whether §1028A applies depends on the specific conduct and underlying offense.
It should therefore not be assumed that every unauthorized use of a credit card automatically creates an aggravated identity theft charge.
State Charges vs. Federal Credit Card Fraud Charges
The practical differences between a Florida prosecution and a federal prosecution can be significant.
A Florida credit card case may proceed under Chapter 817 in state court.
A federal investigation may involve statutes such as:
- 18 U.S.C. §1029 — Access device fraud.
- 18 U.S.C. §1343 — Wire fraud.
- 18 U.S.C. §1344 — Bank fraud.
- 18 U.S.C. §1028A — Aggravated identity theft.
The government may also investigate related conspiracy or fraud offenses depending on the facts.
Federal cases can involve different investigative agencies, federal grand jury procedures, extensive electronic discovery, federal detention hearings, and the Federal Sentencing Guidelines.
Our guide to the differences between state and federal charges in Miami explains those procedural differences in greater detail.
Can Someone Face Both Florida and Federal Charges?
Potentially.
State and federal governments operate as separate sovereigns, and certain conduct can violate both Florida and federal criminal laws.
Whether authorities actually pursue both cases depends on prosecutorial decisions and the specific circumstances.
A defendant should not assume that the existence of a Florida investigation prevents federal authorities from becoming involved later.
Similarly, the involvement of a federal agency during an investigation does not necessarily reveal every charge that prosecutors may ultimately pursue.
Which Federal Agencies Investigate Credit Card Fraud?
The agency involved can depend on the conduct alleged.
Under §1029, the United States Secret Service has statutory investigative authority for access-device offenses, in addition to other agencies that may have authority.
Other investigations may involve agencies or task forces depending on whether the case concerns:
- Identity theft.
- Cybercrime.
- Bank fraud.
- Mail fraud.
- Interstate organized activity.
- International activity.
Local and federal agencies may also cooperate.
This can make it difficult for someone contacted by investigators to understand immediately whether the matter is currently a state investigation, a federal investigation, or a joint investigation.
Our guide to how federal investigations work in Miami explains how these cases can develop before formal charges are filed.
How Credit Card Fraud Investigations Are Built
Modern credit card investigations often rely heavily on digital and financial evidence.
Investigators may examine:
- Merchant records.
- Bank statements.
- Payment processor records.
- IP addresses.
- Device information.
- Cellphone data.
- Text messages.
- Emails.
- Online account records.
- Surveillance video.
- ATM footage.
- Location information.
- Package deliveries.
- Purchase histories.
They may attempt to connect that evidence to specific transactions or individuals.
For example, prosecutors might compare an unauthorized transaction with:
- A phone’s location.
- Security camera footage.
- IP login records.
- Account credentials found on a device.
- Communications with other alleged participants.
That does not mean every item has only one possible interpretation.
Digital evidence should be evaluated in context.
Our guide to digital evidence in criminal cases in Miami explains how phones, social media, and other electronic evidence can become part of a prosecution.
What If Credit Card Numbers Are Found on Your Phone or Computer?
Possession of digital account information can become important evidence, particularly because federal law defines access devices broadly.
But simply finding numbers on a device does not answer every legal question.
Potential issues may include:
- Who actually used the device?
- How did the data get there?
- Did the defendant know the numbers were unauthorized?
- Was there intent to defraud?
- Were the credentials actually used?
- How many qualifying access devices were involved?
- Can investigators connect the data to specific victims?
- Was the search lawful?
The government still has to establish the elements of the offense charged.
What If Someone Else Used Your Device?
Shared phones, laptops, accounts, residences, vehicles, or Wi-Fi networks can create attribution issues.
Investigators may attempt to infer ownership or control from where evidence was found.
But physical proximity to a device or account does not necessarily prove who performed a particular transaction.
A defense investigation may examine:
- Login histories.
- User profiles.
- Device timestamps.
- Biometric access.
- Browser history.
- IP records.
- Messages.
- Location data.
- Witness testimony.
Determining who actually controlled or used a particular device can become a central issue in digital fraud cases.
What If the Evidence Came From a Search Warrant?
Many larger credit card fraud investigations involve searches of phones, computers, homes, vehicles, or online accounts.
Searches and seizures must comply with constitutional and procedural requirements.
Potential defense issues may include:
- Whether probable cause supported the warrant.
- Whether the warrant sufficiently described what could be searched.
- Whether investigators exceeded the authorized scope.
- Whether evidence came from an unlawful stop or seizure.
- Whether subsequent evidence resulted from an earlier constitutional violation.
Our guide to illegal search and seizure in Miami discusses these issues in more detail.
Possible Defense Issues in Credit Card Fraud Cases
Every case depends on the evidence and statute charged.
Several issues commonly deserve examination.
Lack of Intent to Defraud
Many Florida and federal fraud statutes require fraudulent intent.
The government therefore must establish more than the mere existence of an unusual or unauthorized transaction.
Authorization
A major factual dispute may concern whether the cardholder actually gave the defendant permission to use the card or account.
Disputes between spouses, family members, employees, business partners, or acquaintances can sometimes involve contested claims regarding authorization.
Mistaken Identity
Online transactions and stolen account information do not necessarily reveal who actually performed the conduct.
The defense may challenge whether investigators have identified the correct person.
Insufficient Connection to the Device
Account information found on a shared device may not automatically prove knowing possession by a particular person.
Disputed Amounts
Where federal statutes depend on monetary thresholds, the way investigators calculate alleged loss or value obtained may become significant.
Number of Access Devices
Some federal provisions depend on the number of counterfeit or unauthorized access devices involved.
The defense may examine whether every item prosecutors counted actually satisfies the statutory definition.
Lack of Federal Jurisdiction
In a §1029 prosecution, the government must establish the required connection to interstate or foreign commerce.
Illegal Search and Seizure
Evidence obtained in violation of constitutional protections may be subject to challenge.
Penalties for Federal Access Device Fraud
Penalties under §1029 vary depending on the specific subsection charged.
For a first conviction, certain offenses under §1029 carry a maximum prison term of 10 years, while others — including some offenses involving device-making equipment or specified transactions — can carry up to 15 years.
A qualifying subsequent conviction under §1029 can carry up to 20 years.
The statute also provides for forfeiture of certain property used or intended to be used in the offense.
Additional charges such as wire fraud, bank fraud, or aggravated identity theft can create different or additional sentencing exposure.
Federal sentencing may also involve the Federal Sentencing Guidelines and issues such as alleged loss, number of victims, criminal history, role in the offense, and other case-specific factors.
See our guide to the Miami federal sentencing guidelines for more information about how federal sentencing works.
How Do You Know Whether an Investigation Is Becoming Federal?
Some warning signs may include:
- Contact from federal agents.
- A federal search warrant.
- A grand jury subpoena.
- A federal target letter.
- An investigation involving the U.S. Secret Service or another federal agency.
- Questions concerning transactions across multiple states.
- Requests for large amounts of banking or digital information.
- Arrests of alleged participants in federal court.
But the absence of these signs does not guarantee that federal authorities are not involved.
Federal investigations can operate for months before charges become public.
If you receive a federal grand jury subpoena in Miami, it is important to understand that a grand jury investigation can precede any indictment.
Similarly, someone receiving a federal target letter may already be the focus of an advanced investigation.
What Happens If Federal Credit Card Fraud Charges Are Filed?
If prosecutors obtain a federal indictment, the defendant may face:
- Arrest or voluntary surrender.
- An initial appearance.
- A detention or release hearing.
- Arraignment.
- Discovery.
- Review of digital and financial evidence.
- Pretrial motions.
- Plea negotiations or trial preparation.
- Trial if the case is not otherwise resolved.
- Sentencing following a conviction or guilty plea.
For an overview of the early stages, see what to expect during a federal arrest in Miami.
Facing Credit Card Fraud Charges in Florida?
Credit card fraud can begin as a Florida criminal investigation and, depending on the facts, develop into a federal case involving access-device fraud, wire fraud, bank fraud, identity theft, or related offenses.
But federal jurisdiction is not determined simply by the fact that a credit card was used.
The applicable law depends on the specific conduct, the type and number of access devices involved, value obtained, interstate or foreign commerce, financial institutions, digital evidence, and the government’s theory of the case.
If you have been contacted by law enforcement, served with a subpoena or search warrant, or already face state or federal fraud charges, it is important to understand exactly what prosecutors are alleging before making statements or decisions that could affect the case.
The Law Office of Dustin Tischler, P.A. represents individuals facing serious fraud investigations and criminal charges in Miami, Miami-Dade County, and throughout South Florida.
Contact Dustin Tischler Law to discuss the investigation, the evidence, and whether your case may involve state or federal criminal charges.
