card fraud Question And Answer
Card Fraud?
Hi could you tell me the jail term if someone has stolen money from someones else card. the reason why i am asking is because i have found out that my sons money has been missing from his cashcard and his cousin has admiited doing it. he is 16 and will be 17 in a week and i think the nationwide bank have contacted the police and would like to know if the police will drop charges if i ask them to. Thanks
Answers
i think the bank will want to still press charges whether you do or not...its a serious thing to do.
he probably wont get a jail term for a first offence - but the fine maybe quite a sum..and maybe probation.
No they wont because it's counted as fraud against the bank.They will however take it into consideration that you have asked there to be no charges. When sentencing his age and his relationship to your son will also be noted. It's not going to be a custodial sentence and he'll probably get a caution..
It depends on what state your in. My husband is a police officer and deals with this unfortunately more often than not. In almost every state it is a felony and in others it depends on how much money was taken like in Virginia I think if you take more than 250.00 it makes it a felony. You should check your statutes in the state you live in and see if they have an amount that would make it a felony or misdemeanor. If the kid has never been in trouble before they will probably slap him with probation, restitution and fines. However, if the bank turned it in you can't drop charges because the state will pursue them but your opinion may have some leeway.
It's up to the bank to drop any charges. You should talk to them.
It's at the hand of the police now. The only way Nationwide will drop the charges if you accept the withdrawals from your son's cashcard as valid withdrawals. Under state law depending on the $ amount, it can range from 1 year to 15 years. Under the federal law, it starts at 15 year and up. You need to contact nationwide and tell them that you found out that another family member withdrew the cash and you will handle the matter within the family. You will also accept the charges. I think it should satisfy nationwide.
Good luck.
That would explain it then, been following your question. Usually about 80% of card fraud is committed by a family member or friend, as its much easier for them to have access to the card and the pin.
To be honest, even though it sounds ridiculous, it would be unusual for the bank to call in the police. Usually the bank asorb the costs, as they don't want to look bad in terms of security, and the police don't do much anyway!
Theres an article about this below, as it has been in the papers recently.
If Nationwide do report it, the his cousin is extremely unlikely to go to jail, more likely it will be community service if it actually goes to court, he's likely just to end up with a caution if its his first offence. For the amount of money stolen, its not worth the police taking the person to court, as the case will cost much more than this!
It is ridiculous nowadays, I personally feel that there should be jail terms for this, as the problem is growing due to the fact that people know they will get nothing more than a slap on the wrist!
The only problem for you, is that because the crime was committed by a family member, Nationwide may not reimburse you the money as they would normaly do with card fraud, and may say that you did not take enough action to protect the card and pin. This isn't definate, they may reimburse you anyway, but theres a chance they may not.
Even if they do, you will be liable for the first £50 stolen, and they will reimburse the rest.
I hope that your family hand down a harsh punishment, as his cousin needs to learn that this behavior is unacceptable! Would be a good idea to make him pay back every penny stolen, plus compensation. Obviously how you deal with him is down to you though.
Hi,the bank will probablt press charges.If its his first time in trouble with the police they might listen to you.Good Luck
If not he will not go to prison