Credit Card Fraud Charges in New Jersey

What Is Credit Card Fraud in New Jersey?

In New Jersey, “credit card fraud” is not one crime but a group of related offenses defined in N.J.S.A. 2C:21-6, which covers everything from lying to obtain a card, to stealing or forging cards, to using a card — or card-account data — to obtain money, goods, or services by fraud. Under the statute, a “credit card” is defined broadly: it includes not only physical cards but also account numbers and “any other means of account access,” which is why the law reaches online purchases, digital wallets, and stolen card data.

Most credit card offenses in New Jersey are graded as third- or fourth-degree indictable crimes (what other states call felonies). The exact grade depends on the specific conduct the State alleges — and that is usually the heart of the case.

The Offenses Under N.J.S.A. 2C:21-6

New Jersey’s credit card statute defines several distinct offenses — from obtaining a card by fraud to using stolen card data — each set out in its own lettered subsection with its own grade. These are the categories the State charges most often.

False Statements to Obtain a Card — 2C:21-6(b)

Making a false written statement about your identity or financial condition — or someone else’s — in order to procure the issuance of a credit card is a fourth-degree crime.

Credit Card Theft — 2C:21-6(c)

The statute recognizes several forms of credit card theft. Taking a card without the cardholder’s consent, receiving a lost or misdelivered card and keeping it, buying or selling a card from anyone other than the issuer, or signing a card without authorization are each fourth-degree crimes. But falsely making, embossing, or uttering a counterfeit card is a third-degree crime. See the detailed breakdown further down this page.

Fraudulent Use of a Card — 2C:21-6(d)

Using a card that was stolen, forged, expired, or revoked — or posing as the cardholder — to obtain money, goods, or services with intent to defraud is a third-degree crime. The statute presumes a cardholder received notice that a card was revoked four days after the issuer mailed it.

Merchant & Service-Provider Fraud — 2C:21-6(e)

A merchant authorized to accept cards who knowingly provides value on a card they know is stolen, forged, expired, or revoked commits a third-degree crime. A merchant who bills the issuer for money, goods, or services they never actually provided commits a fourth-degree crime.

Counterfeiting & Skimming Equipment — 2C:21-6(f)

Possessing two or more incomplete cards with intent to complete them, or possessing the machinery, plates, or equipment used to make counterfeit cards, is a third-degree crime.

Receiving the Proceeds of Card Fraud — 2C:21-6(g)

Receiving money, goods, or anything of value that you know was obtained through fraudulent card use is a fourth-degree crime.

Fraudulent Use of Counterfeit or Account Data — 2C:21-6(h)

This is the modern, catch-all provision. Knowingly using any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained card — or furnishing, acquiring, or using any actual or fictitious card or card-account information “in any form” with fraudulent intent — is a third-degree crime. This subsection is how the State charges much of today’s digital card fraud, including trafficking in stolen card numbers and data.

Degrees and Penalties

New Jersey grades each credit card offense by degree, and the degree sets the potential prison term and fine. For a first offense at the third or fourth degree, there is generally a presumption against incarceration under N.J.S.A. 2C:44-1(e), though it is not guaranteed. Actual outcomes depend on the facts, the record, and how the case is resolved.

Which conduct is graded at which degree

N.J.S.A. 2C:21-6 itself tops out at the third degree. Exposure can rise to the second degree only through a different statute — for example, when multiple fraudulent transactions from a single scheme are aggregated under 2C:20-2 to reach a theft of $75,000 or more, or when the conduct is also charged as identity theft under 2C:21-17.

Credit Card Theft: The Six Forms

Subsection (c) of the statute describes six distinct ways a person can commit credit card theft. Five are fourth-degree crimes; falsely making or counterfeiting a card is a third-degree crime. Related conduct is also covered on our page about the penalties for credit card theft in New Jersey.

The statute creates a rebuttable presumption of guilt if a person possesses cards issued in two or more other people’s names, two or more stolen cards, or two or more falsely made or signed cards. That presumption can be challenged, but it makes early defense work important.

Online, Digital, and Card-Data Fraud

Because the statute defines a “credit card” to include account numbers and “any other means of account access,” New Jersey’s credit card law reaches well beyond a physical card. Conduct commonly charged today includes:

• Online purchase fraud — using a stolen or fraudulently obtained card number to buy goods or services over the internet.
• Card-not-present transactions — entering card data by phone, app, or website without the cardholder’s authorization.
• Phishing and social engineering — tricking a cardholder into revealing a card number, login, or one-time passcode, then using it to make purchases.
• Skimming — capturing card data with a device placed on an ATM, gas pump, or point-of-sale terminal; possession of the equipment itself can be charged under 2C:21-6(f).
• Trafficking in card-account data — buying, selling, or using stolen card numbers “in any form,” which subsection (h) treats as a third-degree crime.
• Counterfeit and re-encoded cards — producing or using cards made with someone else’s account information.
• Chip (EMV) cards and the shift online — because EMV chip technology made counterfeiting physical cards harder, much card fraud has moved to online and card-not-present use, which this statute still reaches.

Digital cases frequently overlap with computer-crime and identity-theft charges. See our pages on computer fraud and identity theft.

Credit Card Fraud vs. Identity Theft vs. Theft by Deception

Credit card fraud is often charged alongside other offenses, and the differences matter because they carry different grades and exposure. This is how the three most closely related charges compare.

Related reading: theft offenses, white collar crimes, and fraud crimes.

How Credit Card Fraud Cases Are Investigated

These cases are built largely on documents and digital records, and that is often where a defense begins. Common evidence and issues include:

• Financial records — issuer statements, transaction logs, chargeback reports, and merchant records tracing where and when a card was used.
• Surveillance and point-of-sale data — store video, timestamps, and terminal data placing a person at a transaction.
• Digital evidence — IP addresses, device identifiers, shipping addresses, email and account logins, and data pulled from phones or computers.
• Search warrants — whether investigators had valid warrants for devices, accounts, or homes, and whether they stayed within the warrant’s scope.
• Subpoenas for financial records — bank and card-issuer records are frequently obtained by grand jury or investigative subpoena, and how those records were gathered and authenticated can be challenged.
• Intent and knowledge — the State must prove you acted with intent to defraud and knew the card or data was bad; a genuine mistake or authorized use is a defense.
• Identity — in card-not-present and online cases, tying a specific person to a transaction is frequently the weakest link.

Common Defenses

The right defense depends on the facts, but issues that frequently matter in New Jersey credit card cases include:

• Lack of intent to defraud — intent is an element of nearly every subsection; conduct that was a mistake, a dispute, or authorized is not fraud.
• Lack of knowledge — not knowing a card or number was stolen, forged, expired, or revoked defeats a key element.
• Mistaken identity — especially in online and card-not-present cases, the State may not be able to prove who actually completed a transaction.
• Rebutting the statutory presumption — explaining lawful possession of multiple cards to overcome the presumption in subsection (c).
• Unlawful search or seizure — if devices, accounts, or records were obtained through a defective warrant or an unlawful search, that evidence may be suppressed.
• Insufficient or unreliable evidence — gaps in the financial trail, chain of custody, or authentication of digital records.

Diversion, PTI, and First-Offender Options

A credit card charge does not always end in a conviction. For many first-time offenders, Pretrial Intervention (PTI) can lead to a dismissal, and restitution is frequently part of a resolution. Which option fits depends on the charge, the amount involved, and the person’s record.

Conditional Discharge applies only to minor drug offenses and is not available for credit card charges. Related reading: NJ sentencing and criminal penalties.

Restitution, Fines, and Other Consequences

Beyond prison and fines, a credit card conviction can carry consequences that are easy to overlook:

• Restitution. Under N.J.S.A. 2C:44-2, courts routinely order repayment to issuers, merchants, or cardholders for the loss — separate from any fine — and restitution is often a condition of PTI or probation.
• Financial and employment impact. A fraud conviction can affect banking, professional licensing, and jobs that involve handling money or require a background check.
• Immigration. For non-citizens, a fraud conviction can be treated as a crime involving moral turpitude with immigration consequences, so this should be weighed from the start.
• Expungement. Many credit card offenses can eventually be expunged under N.J.S.A. 2C:52, subject to waiting periods and eligibility — a reason the long-term goal matters when resolving a case. See our guide to Clean Slate expungements in New Jersey.

Credit Card Fraud Cases in Bergen County

Indictable credit card charges in Bergen County are prosecuted by the Bergen County Prosecutor’s Office and handled in the Superior Court, Criminal Division, in Hackensack. After an arrest, an indictable case generally moves through a first appearance and a pretrial release decision, often in Central Judicial Processing (CJP) court, before it proceeds toward indictment.

The Law Offices of Ron Bar-Nadav is based in Hackensack and represents people facing credit card and fraud charges throughout Bergen County — including Hackensack, Fort Lee, Englewood, Paramus, and Teaneck — and across northern New Jersey. If you have been charged, Ron offers a free consultation to review the allegations and explain your options. Call (201) 525-1555 or request a consultation online.

State vs. Federal Credit Card Fraud

Most credit card cases in New Jersey are prosecuted in state court under N.J.S.A. 2C:21-6. A case may instead be charged federally — typically under the federal access-device fraud statute, 18 U.S.C. § 1029 — when it involves large-scale schemes, interstate activity, or a federal investigation, and federal law carries its own, often harsher, sentencing. The large majority of New Jersey credit card charges, however, remain in state court, which is the focus of this page. Either way, the first step is the same: get advice before speaking with investigators.

Related Charges & Practice Areas

Credit card fraud often arrives alongside, or connected to, other offenses.

Frequently Asked Questions