Industry News for Criminal Defense Law in Columbia, South Carolina

South Carolina Credit Card Information Theft: What You Need to Know

Credit card theft isn’t just about stealing a physical card anymore. In South Carolina, as in the rest of the country, most modern credit card theft happens behind the scenes, using technology to capture sensitive information. Whether through skimming devices at ATMs, data breaches, or even online phishing schemes, criminals have found increasingly sophisticated ways to steal credit card information. If you’re facing charges for credit card information theft under SC Code § 16-13-181, the penalties can be severe, even if no fraudulent purchases were made.

 

Let’s break down what counts as credit card information theft, where it commonly occurs in Columbia, and what you can do if you’re facing these serious charges.

Understanding Credit Card Information Theft

In South Carolina, credit card information theft can take many forms, and the law applies to more than just stealing a physical card from someone’s wallet. With the rise of digital technology, criminals can steal credit card data in a variety of ways, including:

  • Physical Card Theft: The most traditional form of credit card theft involves physically stealing the card. Whether it’s lifted from a wallet, stolen during a break-in, or snatched from a purse, the possession of a stolen card can lead to felony charges.
  • Skimmer Installation: Skimmers are devices installed on ATMs, gas station pumps, or point-of-sale terminals that capture the card’s information when swiped. In Columbia, skimmers have been found on gas station pumps along I-26 and I-20, particularly in busy travel corridors.
  • Digital Data Breaches: Hackers often target companies that store customer credit card information, gaining access to thousands of account numbers in one breach. These digital breaches are harder to trace but carry severe penalties under South Carolina law.
  • Account Number Theft: Sometimes, credit card information is stolen without ever touching the card itself. Criminals may obtain account numbers through hacking or phishing, allowing them to make online purchases without needing the physical card.
  • Card Cloning: Criminals can duplicate a card’s information onto a fake card, making purchases as if they were the legitimate cardholder. This practice is common when skimmers capture card details.
  • PIN Capture Devices: Devices that capture the PIN code of a debit or credit card can lead to unauthorized ATM withdrawals or purchases. These devices are sometimes hidden on ATMs in busy areas like Five Points or Forest Acres.

Common Columbia Locations for Credit Card Theft

In Columbia, credit card information theft happens in various places, often where card use is frequent and oversight is lower. Criminals frequently target:

  • Gas Stations Along I-26 and I-20: These busy travel corridors see a lot of quick transactions, making them prime spots for skimmer installation.
  • ATMs in Five Points: The nightlife and heavy foot traffic make Five Points a hotspot for criminals installing skimmers on ATMs.
  • Restaurant Card Readers: Waitstaff handling your card out of sight can sometimes lead to theft, though this is less common than digital thefts.
  • Self-Checkout Kiosks: Skimmers can be discreetly installed on these machines, often found in retail stores.
  • Online Transactions: Many credit card information theft cases stem from online purchases where stolen card data is used.
  • Hotel Payment Systems: With transient traffic and less direct oversight, hotel payment systems are often vulnerable to data breaches or physical card theft.

Criminal Charges and Penalties

Under South Carolina law, stealing credit card information carries serious consequences. Even if no fraudulent purchases were made, the possession or use of stolen credit card information is often classified as a felony.

  • First Offense: A first-time offender could face up to five years in prison and substantial fines. Convictions also often require restitution, which means the defendant may be ordered to repay the victim for any financial losses caused by the theft.
  • Enhanced Penalties: Certain factors can elevate the charges and result in harsher penalties, including:
  • Multiple Victims: If the theft involves several victims, the penalties may increase significantly.
  • Organization Involvement: Theft that is part of an organized operation, such as a credit card fraud ring, will lead to stiffer charges.
  • Identity Theft Combination: Credit card theft often goes hand-in-hand with identity theft, which can add separate charges and extend the prison sentence.
  • Prior Convictions: Defendants with previous fraud or theft convictions face harsher penalties for repeat offenses.
  • Interstate Commerce: Using stolen credit card information across state lines or through interstate commerce can lead to federal charges, further complicating the legal process.

How Cases Are Investigated

Credit card theft investigations in South Carolina involve a combination of local, state, and federal agencies. Here’s how they track down stolen card information:

  • Transaction Tracking: Banks and credit card companies have advanced systems to track suspicious transactions, often flagging fraudulent activity before the cardholder notices.
  • Camera Surveillance: Many gas stations, ATMs, and retail locations have surveillance cameras that can help police identify the person using a stolen card.
  • Skimmer Detection: Law enforcement agencies use tools to detect and remove skimmers from ATMs and gas pumps. Skimmers are sometimes found during routine inspections or after reports of suspicious activity.
  • Digital Forensics: For cases involving online transactions or digital breaches, law enforcement employs digital forensics teams to trace IP addresses, emails, and other digital footprints left behind by criminals.
  • Bank Cooperation: Banks and credit card companies frequently work closely with law enforcement to investigate stolen card information, providing transaction records, alerts, and fraud reports.

In Columbia, the Columbia Police Department works closely with federal agencies like the FBI, Secret Service, and SLED to investigate larger-scale credit card fraud rings and identity theft cases.

Defense Strategies That Matter

Facing charges for credit card information theft is serious, but several defense strategies can be used to fight the charges. A skilled defense attorney can help by focusing on:

  1. Lack of Knowledge: In some cases, the defendant may not have known that the card information was stolen, especially if they purchased the item from a third party.
  2. Mistaken Identity: Credit card theft can involve mistaken identity, particularly if skimmers or digital transactions were used, as it’s not always clear who was responsible.
  3. Authorization Claims: If the defendant had permission from the cardholder to use the card, this could serve as a defense.
  4. Technical Evidence Challenges: The digital nature of many credit card thefts means there’s often technical evidence that can be challenged, such as unreliable transaction records or unclear surveillance footage.
  5. Constitutional Violations: In some cases, the defense may argue that evidence was obtained in violation of the defendant’s constitutional rights, such as an unlawful search or seizure.

Long-term Consequences

The consequences of a conviction for credit card information theft extend far beyond jail time or fines. A conviction can impact various aspects of your life, including:

  • Employment Options: Many employers conduct background checks, and a felony conviction for credit card theft could disqualify you from certain jobs, especially those in banking or finance.
  • Banking Relationships: Banks may close your accounts, limit access to credit, or deny future credit applications if you’re convicted of credit card theft.
  • Security Clearances: Jobs that require security clearances, such as positions with the federal government or the military, will be off-limits with a felony conviction.
  • Professional Licenses: Convictions can impact your ability to obtain or renew professional licenses, particularly in fields like law, medicine, and accounting.
  • Housing Applications: Landlords often run background checks, and a felony conviction could limit your options when applying for rental properties.

Protecting Yourself

Credit card information theft is a growing problem, but there are ways to protect yourself and reduce the risk of falling victim to these schemes. Here are a few key tips:

Conclusion: Facing Credit Card Information Theft Charges? Take Action Now

Credit card information theft charges in South Carolina carry serious penalties that can affect your life for years to come. If you’re facing charges, it’s essential to act quickly. At Thompson & Hiller Defense Firm, we understand how to navigate these complex cases and build a strong defense. Contact us today to protect your rights and start working on your case.