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About Jack Toomey
Expertise
Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience
I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, mising persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

 
   

You are here:  Experts > News/Issues > Crime/Punishment > Criminal Law > Credit Card Fraud.

Criminal Law - Credit Card Fraud.


Expert: Jack Toomey - 8/13/2005

Question
Dear Sir.

I believe I many have not clearly articulated the dilemma that I am having. It is that 2 different police officers told me 2 different things.

The one visiting my mother at home said that an investigation will be opened once we report the incident at the police station. The officer at the police station said that it's a civil matter and dismissed us.

Although I am in Toronto, Canada, I would imagine that there are some common sense principles that apply here as well. It is those that I am looking for in trying to present this issue as a criminal matter to the police.

If you have any additional advice it would be greatly appreciated, otherwise I thank you for the time you've taken to respond to me.

Sincerely,

Albert.

-------------------------
Followup To
Question -
Greetings.

A friend of my mother's used my mother's credit card number without authorization and I would like to know if there are any criminal charges that can be brought against this friend.

Originally, my mother gave out her credit card number after the friend prepaid her for an online purchase. The actual purchase turned out to be for a slightly higher than the prepaid amount.

Some time later, a second charge appeared on my mother's credit card statement. This time there was no prepayment. Nor did the friend tell my mother about the transaction. The charge was discovered only when the statement arrived.

When we called the police, the police officer that came to see my mother advised her to go to the station to report the matter. When we came to the Police Station, we were advised that this was a civil matter.

Thus, we'd like to know for sure if the situation can be processed as a criminal charge and would appreciate any advice you can offer.

Thank you for your assistance,

Albert.
Answer -
Albert,

   Having no idea what the law says in your state, and there are fifty states with fifty sets of laws, I wouldn't have any idea if what you have described is a violation of your states law.  If you have already met with a police officer in your city I would think that he probably knows what he is talking about.  If you are not satisfied I would consult with the prosecutors office.

Answer
Albert,

    You never mentioned that you were in Canada which makes it even more impossible to answer your question because you are dealing with Canadian law.  I can't possibly be an arbitrator between you and two police officers in Canada who gave you two different opinions on the same case.

   My only suggestion would be to consult with an attorney or to meet with a superior officer or detective at that police station.

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