If a person is caught on camera using a stolen ATM card, what happens?

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If a person is caught on camera using a stolen ATM card, what happens?

They did not receive funds.

Asked on September 29, 2010 under Criminal Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

They have committed at least two different crimes. The first is theft--even if they did not themselves receive stolen funds, they are using a stolen card. The second is some type of identify theft. If they did not receive funds only because of some fault in the ATM or other technical difficulty, or because they did not know they correct PIN, they could potentially be charged with theft at the level of the amount they tried to take out. Or if they used the card for someone else's benefit (someone else took the money), then they have accomplice liability to that person. The exact charges will vary by the situation, but no matter what, the person will be liable for charges and should, if he or she has not already, consult with an experienced criminal defense attorney at the earlier opportunity.


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