Cana credit cardcompany come after me for fraud if the victim doesn’t want to proceed with the investigation?

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Cana credit cardcompany come after me for fraud if the victim doesn’t want to proceed with the investigation?

I took out a credit card in my aunt’s name without her approval. The issuer found out when there was a degault in payments and the collection agency contacted her. The card was a corporate card taken out under my employer’s credit card program; I manage the program. I violated policy taking that card out on her name since she is not an employee. I paid the bill in full and came clean to my aunt who has been more than understanding to me right now, but I am scared that the issuer might come after me for fraud. Is that possible? If so, could they contact my employer? Under our program the credit cardss are not given against the company credit but the employee in case of default, so the company’s history won’t be affected. It is just the fact that I shouldn’t have taken that card on her name.

Asked on February 17, 2011 under Bankruptcy Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you paid the bill in full, then you should not face civil liability; you've already paid amounts due. You could face criminal liability, though--what you did is a crime. If it's reported to the authorities, they may decide to investigate and prosecute. The state is not obligated to consider the wishes of the victim of a crime, which makes sense when you think about it: if a victim could call off a prosecution, every criminal would have an incentive to scare or bribe their victim(s) into telling the police to drop matters. The authorities may choose, if they are alerted to the crime, to take into account  your aunt's wishes, but they don't have to; also consider that your aunt was not the only victim: you defrauded the credit card company annd also the employer.

As to contacting your employer: unless they signed something saying they would not, the issue may do this. There is no law against contacting someone to pass on truthful information.


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