Fraudulent Use of a Credit Card Lawyer in Wisconsin
Charged with Fraudulent Use of a Credit or Debit Card under Wis. Stat. § 943.41(5)? Wisconsin aggressively prosecutes financial transaction card offenses because they involve allegations of deception, unauthorized use, identity fraud, or accessing accounts without permission. Call today for a free, confidential consultation.
What the Law Says About Financial Transaction Card Fraud in Wisconsin
Under Wis. Stat. § 943.41(5), a person commits fraudulent use of a financial transaction card when they use a credit card, debit card, EBT card, or card number with intent to defraud in order to obtain money, goods, services, or anything else of value. The statute applies whether the card is stolen, forged, expired, revoked, or used without the cardholder’s consent, and it covers both physical cards and card information used electronically.
To secure a conviction, the State must prove more than unauthorized use. Prosecutors must establish that the defendant acted with intent to defraud, meaning the person intended to obtain something of value through deception or knowing misrepresentation. In practice, many cases arise from shared cards, unclear permissions, repayment disputes, or access to stored card information, rather than deliberate criminal schemes, making intent and consent central issues in these prosecutions.
Chirafisi Anderson, S.C. represents individuals facing financial and fraud charges such as fraudulent use of credit and debit cards throughout Southern and Central Wisconsin, including Dane, Rock, Iowa, Green, Columbia, Dodge, Jefferson, and Sauk Counties. We regularly defend clients accused of financial transaction card offenses involving online purchases, shared accounts, employer cards, and disputed authorization, focusing on early investigation and legal challenges aimed at preventing unnecessary felony exposure.
Elements of Fraudulent Use of a Financial Transaction Card
To convict a person of Fraudulent Use of a Financial Transaction Card under Wis. Stat. § 943.41(5)(a)1.a., the State must prove each element beyond a reasonable doubt, as set forth in Wisconsin Jury Instruction – Criminal 1497.
Specifically, the State must establish that:
- The defendant used a financial transaction card.
- The card was stolen, or otherwise obtained/retained in violation of § 943.41(3).
- The defendant used the card to obtain money, goods, services, or anything of value.
- The defendant acted with intent to defraud the issuer or another person or business.
Value Determination and Felony Exposure
When the offense is charged as a felony, the State must also prove the value of what was obtained. Wisconsin law allows the jury to consider the value of items obtained in a single transaction or over multiple transactions within a six-month period, which can determine whether the charge is filed as a misdemeanor or escalated to a felony.
Additional Financial Transaction Card Offenses (Brief Overview)
Wisconsin’s financial transaction card statute includes several related offenses that are frequently charged alongside—or instead of—fraudulent use, depending on how the State characterizes the conduct. Common companion charges include:
- False Statements to Obtain a Card (§ 943.41(2))
- Class A Misdemeanor
- Allegations that false information was used to obtain a card or account.
- Theft by Taking a Card (§ 943.41(3)(a)–(d))
- Typically a Class A Misdemeanor
- Involves taking, retaining, or withholding a card without authorization.
- Receiving or Possessing Multiple Cards (§ 943.41(3)(e))
- Class I Felony
- Charged when a person possesses multiple cards issued to different cardholders under circumstances suggesting unlawful use.
- Card Forgery, Alteration, Counterfeiting (§ 943.41(4)(a))
- Class I Felony
- Involves creating, altering, or possessing counterfeit or altered cards.
- Signing Another Person’s Card (§ 943.41(4)(b))
- Class A Misdemeanor
- Allegations that a person signed a card or sales slip without authorization.
- Merchant/Provider Fraud (§ 943.41(6))
- Misdemeanor – Class I Felony
- Applies to merchants or service providers accused of improper card transactions.
- Factoring / Transaction Laundering (§ 943.41(6m))
- Class I Felony
- Involves routing or disguising card transactions to evade detection or fees.
Which charges are filed – and at what level – often depends on how the State frames intent, possession, and value, as well as whether prosecutors pursue multiple theories arising from the same set of transactions.
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Penalties and Sentencing for Financial Transaction Card Offenses in Wisconsin
Penalties for fraudulent use of a financial transaction card under Wis. Stat. § 943.41(5) depend primarily on the value of what was obtained and whether the State aggregates multiple transactions within the statutory time period.
Financial Transaction Card Fraud Penalty Levels
|
Value / Circumstance |
Classification |
Penalty |
|---|---|---|
|
≤ $2,500 |
Class A Misdemeanor |
Up to 9 months jail and $10,000 fine |
|
$2,500–$5,000 |
Class I Felony |
Up to 3.5 years imprisonment (1.5 years initial confinement + 2 years extended supervision) and $10,000 fine |
|
$5,000–$10,000 |
Class H Felony |
Up to 6 years imprisonment (3 years initial confinement + 3 years extended supervision) and $10,000 fine |
|
> $10,000 |
Class G Felony |
Up to 10 years imprisonment (5 years initial confinement + 5 years extended supervision) and $25,000 fine |
Sentencing Considerations and Aggregation
Wisconsin law allows the State to aggregate multiple transactions occurring within a six-month period to determine the total value used for charging purposes. This aggregation can significantly increase exposure and turn what might otherwise be a misdemeanor into a felony.
In addition to incarceration and fines, courts may impose restitution, repayment conditions, and probationary terms. Judges also consider factors such as criminal history, the manner in which the transactions occurred, cooperation with investigators, and efforts to make the alleged victim whole.
Common Scenarios in Wisconsin Financial Transaction Card Fraud Cases
Financial transaction card fraud charges in Wisconsin often arise from everyday financial interactions rather than organized fraud schemes. Common scenarios include:
- Using another person’s debit or credit card without clear permission
- Accessing a card number saved on a phone, website, or account
- Cards found during a traffic stop or search
- Using a revoked or cancelled card after notice
- Disputes involving shared cards between partners, roommates, or family members
- Cards obtained during thefts, vehicle entries, or borrowing incidents
- Unauthorized spending by employees using company cards
- Use of stored card information rather than the physical card
- Claims of repayment promises or misunderstandings about permission
Many of these cases turn on intent, consent, identity, and value, and the surrounding circumstances often matter more than the transaction itself.
Defenses and Legal Strategies in Financial Transaction Card Fraud Cases
Fraudulent use of a financial transaction card cases frequently turn on intent, consent, identity, and value, all of which are highly fact-specific. Because the State must prove intent to defraud, effective defenses often focus on whether the alleged conduct actually involved deception or knowing misrepresentation, rather than a misunderstanding or civil dispute.
Common defense strategies include:
Why Hiring a Financial Transaction Card Fraud Lawyer Matters
Financial transaction card fraud cases often involve complex digital evidence, disputed authorization, and aggressive value-based charging decisions that can quickly escalate a case from a misdemeanor to a felony. These prosecutions frequently rely on bank records, transaction histories, device data, and assumptions about intent that are not always supported by the full context. Early legal analysis is critical to preserving evidence, challenging value aggregation, and addressing consent or identity issues before charging exposure increases. With timely defense involvement, many of these cases can be reduced, dismissed, or resolved without long-term consequences.
At Chirafisi Anderson, S.C., our attorneys provide focused criminal defense representation in financial transaction card cases, including:
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If you’re under investigation or charged with Financial Transaction Card Fraud under Wis. Stat. § 943.41(5), the best results come from acting early. Call today for a free consultation.