Credit Card Fraud/idenitiy Theft prosecuting?????

[l0v4lif]

What is the name of your state (only U.S. law)? I'm from Maryland and have a question about prosecution when it comes to Credit Card Fraud and Idenitiy Theft.

Ok here is what is going on so you have a better understanding on things**************

My husbands idenity was stolen by his sisters husband who then open up a credit card under my husbands name but with his sister & husbands address & phone number. I found this out as I happened to be viewing our credit reports. 1st I noticed that his sisters address was coming up under his name but didn't really understand why, AT FIRST.
Then I came across a credit card that just was opened in august 2010, and it was showing charges were made but no payments made in the last 90 days- per the credit report. I questioned my husband on why he wasn't making his payment and he said he was, I then replied that the report stated something different. (I then started thinking he was hiding a card from me) so we started comparing the credit card numbers and realized that this was a totally different card, same credit card provider but one visa one master card.
So my husband called the credit card provider to find out more info about the card we knew nothing about. Of course as soon as he was on the phone the credit card provider was putting him threw to collections and that's when he explained we know nothing about this card and would like to know when the card was opened up and the address that the card was under. Needless to say it just so happened to be his sister and brother-in-laws address. WHICH THEN EXPLAINS WHY THEIR ADDRESS WAS SHOWING UP ON OUR CREDIT REPORT!!!!! So we asked about where some of the purchases were made along with requesting them to send us a report and reporting to the credit card company of fraudulent credit card use and idenitiy theft.
They gave us a claim # and said we would have to get a police report in order to call the credit breurau and have this removed from his credit.
The officer came and asked if he was going to press charges, and my husband is stuck in a hard place because he knows they were wrong and feels that they need to face the consequences, but at the same time knows that if they were to go to jail because of this that his parents would be having to raise his sisters children, and he feels that his parents shouldn't have to raise her kids, while they are locked up. It's almost like my husband would be punishing his parents for his sisters mistakes, and yes it's not his parents responsibility to have to raise the kids, but at the same time his parents are not going to let something bad happen to his grandkids either. So now this is where things get confusing for me (pressing charges going threw the police dept isn't an issue at this time because the officer said he has 1 year from the time we found out about the fraud/idenity theft)
After saying this next part is where my # 1 question comes into play...

We received papers from the credit card company that needs to be completed and faxed back to them in 3days basically investigating more on this credit card. 1 questions was do we have an idea or know who opened the account and if so to provide that info which my husband did, no questions asked. But one of the questions it asked was************** Does he want to prosecute the person(s) that committed this crime?
NOW HERE IS MY QUESTION************** If he says no he doesn't want to prosecute them (not for his sister or in-laws sake, but for his parents sake) does that mean that the credit card company won't except this as being fraud, and then it falls back onto my husband? Or does the credit card company still investigates it and can still rule it as fraud and it's up to the credit card company to press the charges? Last but not least let's say my husband replys back no to wanting prosecute, but the credit card finds his sister and her husband at fault and the company presses the charges, i'm assuming they can still face time either way? Please help me with my question if you have answers because this is all new to us and we are at a loss right now. Are biggest concern is clearing this off his credit report because with this being on his report, it has ruined our chances of getting approved for a home Loan because each day the credit card goes unpaid the more our credit score drops, which is hurting us in so many ways right now.
I thank you in advance for any help you may be able to give me!

 

[CdwJava]

NOW HERE IS MY QUESTION************** If he says no he doesn't want to prosecute them (not for his sister or in-laws sake, but for his parents sake) does that mean that the credit card company won't except this as being fraud, and then it falls back onto my husband?

That is a real possibility.

But, only the credit card company can answer that.

Typically if the client does not want to be a victim, then the client may not receive any reimbursement of funds.

Or does the credit card company still investigates it and can still rule it as fraud and it's up to the credit card company to press the charges?

They can do that, too. But, typically, they want to be assured that it IS larceny and that the client will cooperate with the prosecution.

He can ask the company.

 

[cyjeff]

Agree with Carl.

You can prosecute and avoid liability or not prosecute and assume the liability.

The credit card company isn't going to declare you a victim when you won't help them find the bad guys.

Tell your husband it isn't his fault. His sis and bro in law are big people...

AND THEY TRIED TO SCREW YOU.

Let's not forget the simple fact they are trying to steal money out of your pocket... they KNOW you are too nice to call the cops and will just pay it.

Prove them wrong before they start doing it to other people.

 

[Kane]

If he says no he doesn't want to prosecute them (not for his sister or in-laws sake, but for his parents sake) does that mean that the credit card company won't except this as being fraud, and then it falls back onto my husband?

Yes.

Or does the credit card company still investigates it and can still rule it as fraud and it's up to the credit card company to press the charges?

No. The credit card company _could_ investigate on its own, but it won't. If your husband's not willing to make a complaint, they're not going to do it for him.

Last but not least let's say my husband replys back no to wanting prosecute, but the credit card finds his sister and her husband at fault and the company presses the charges, i'm assuming they can still face time either way?

Police and prosecutors make decisions about whom to arrest and whom to charge, not victims. As a practical matter, however, nobody is going to stand up for your husband if he's unwilling to stand up for himself. If he wants to let his brother-in-law take advantage of him, that's what will happen.

 

[l0v4lif]

That is a real possibility.

But, only the credit card company can answer that.

Typically if the client does not want to be a victim, then the client may not receive any reimbursement of funds.


They can do that, too. But, typically, they want to be assured that it IS larceny and that the client will cooperate with the prosecution.

He can ask the company.

Thanks for replying back.

Agree with Carl.

You can prosecute and avoid liability or not prosecute and assume the liability.

The credit card company isn't going to declare you a victim when you won't help them find the bad guys.

Tell your husband it isn't his fault. His sis and bro in law are big people...

AND THEY TRIED TO SCREW YOU.

Let's not forget the simple fact they are trying to steal money out of your pocket... they KNOW you are too nice to call the cops and will just pay it.

Prove them wrong before they start doing it to other people.

I completely agree and it completely makes sense.
We actually gave them all the info on the, even his stupid sister and brother law ratted themselves out by using their own address, I mean how stupid can you be? he just wasn't sure how to answer the yes or no question about is my husband himself wanting to prosecute them. I personally wanted him to press charges when the police officer asked him, because like I told him... If the shoe was on the other foot and I committed identity theft and fraud I guarantee they wouldn't think twice about having me arrest along with pressing charges. Plus I don't want them thinking they won and if they were to get away with this, the who and what is next?. My husband said he is going to call the creditor handling his case to confirm that question to make sure he answers it to where he isn't stuck with it. He said that he would have to whatever he had to in order to get his credit back where it was.
Thanks you responding!

Yes.



No. The credit card company _could_ investigate on its own, but it won't. If your husband's not willing to make a complaint, they're not going to do it for him.



Police and prosecutors make decisions about whom to arrest and whom to charge, not victims. As a practical matter, however, nobody is going to stand up for your husband if he's unwilling to stand up for himself. If he wants to let his brother-in-law take advantage of him, that's what will happen.

The complaints have already been made he just hasn't actually pressed charges, but all of his sisters and brother in laws info has been given to the creditors and police officer.

I thank everyone of you for your response and I personally am with you 100% since the day we found out. But like I said prior he is more worried about his parents having to take responsibility for his sisters kids if it came to the serving time for this. But like I also said to him they both made their beds now it's time for them to lay in it.

I even told my friend that when the officer came and made his report, he took down every single detail on them from their address, phone #, what they looked like, height, weight, eye/hair color the whole 9 yards and I told my friend I wouldn't be surprised if the officer turns it over to the state and has the state vs his sister and brother in law because this isn't something small, if I'm not mistaken this is an actual federal offense, and I can't see the law just ignoring something like this.

Anyways again you all were very helpful and can't thank you enough for responding to my post!

 

[CdwJava]

If the victim is not willing to pursue it (the bro-in-law) then do not expect the state to pursue it. All because the officer did his job and obtained all the necessary info to look into the matter further does NOT mean that they will pursue it. And even if they do, that does NOT mean that the credit card company will compensate the victim.

Heck, it could be that the bro-in-law would be prosecuted and your husband will be forced to eat the loss.

If your husband does not want to be a victim, the police are not likely to pursue it. Law enforcement agencies do not have the resources to make family victims into victims if they do not want to be. Typically we will drop the matter if the victim is not eager to pursue it. Thee are plenty of victims out there who WANT to punish the offenders.