Kingston, PA asked in Criminal Law, Federal Crimes, Identity Theft and Internet Law for Pennsylvania

Q: I am being accused of using another person's bank account to pay two credit cards. What charges can come from that?

I am being accused of using someone else's checking account information to pay two of my credit cards. The first was my home Depot card, and I notified the person that was the checking account owner that a payment was about to go through, and the account owner called his bank and stopped the payment. The second was on my Kohl's charge card and again this man's checking account information was used to pay my bill. I wasn't able to stop the payment but the bank reversed it and gave the checking account owner his money back. The checking account owner then closed the account. I did not make those payments. We have a computer virus that was confirmed by IT at Comcast and an IT specialist. The police questioned me and I answered truthfully that I believed the payments were made to my accounts remotely with someone else's info, so that my cards could then be used.

1 Lawyer Answer

A: Typically, fraudulent use of another's bank account without his/her permission could carry charges like: forgery; access device fraud; identity theft; theft by unlawful taking; theft by deception; and/or receiving stolen property. The grading of the offenses (felony, misdemeanor, etc.) depends on the amount of money taken -- although forgery is usually a felony anyway.

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