February 12, 2010, 14:23
CFRCredit/Debit Card Abuse Question
MegaRetailer employee swipes MegaRetailer pre-paid Visa Debit card and puts 50 dollars on it without paying for it - filed as theft 50-500 by LE and misdemeanor division sent it over as a felony. My inclination is that it is 50-500 theft. 32.31(a)(4) says designated person or authorized bearer which is hanging me up - the prepaid debit card is universal by and in itself but the 50 on it is stolen from MegaRetailer. Thoughts? Similar Situations?
February 14, 2010, 21:07
Martin PetersonWas the card itself stolen? What was done with the card after it was "activated"? It seems to me you have described a bearer "debit card" within the meaning of 32.31 (a)(4). Sounds like the clerk is guilty of both theft and debit card abuse.