0

A few months ago, my debit card information was stolen and used to purchase some computer equipment in the state of Oklahoma, but the perpetrator lives in the state of Florida and I live in the State of Texas.

My local law enforcement refused to take the case because it did not occur in my city and the local law enforcement of the city where the crime occurred in Oklahoma also refused to take the case saying the law enforcement of my city has to take it and they will just do a supplemental report.

So, my big question is, what law enforcement agency can I count on here in the United States when the police refuse to investigate a crime against me regarding my financials?

  • 1
    Do you actually lose money out of pocket? Or did the bank cover the loss and issue you a new card? – BlueDogRanch Jan 10 at 6:40
  • The local prosecutor would lead the case, not police; but not if you didn't lose any money, or at least a minimum that would be hundreds of dollars. – BlueDogRanch Jan 10 at 6:46
  • @BlueDogRanch, I reached out to both the busineses that processed the fraudulent charges, one was in Oklahoma, the other Bath and Body Works. The Oklahoma small business owner immediately realized what happened and reimbursed my money, Bath and Body Works did nothing for me. The bank reimbursed the Bath and Body Works charge after I submitted a dispute and yes I got a new card. – Daniel Jan 10 at 6:47
  • Per law.stackexchange.com/questions/46226/… you have no case, and no prosecutor is going to take a case that shows no loss. – BlueDogRanch Jan 10 at 6:48
  • @BlueDogRanch, had the local small business owner in Oklahoma had not returned my money, I would still be out hundreds of dollars. – Daniel Jan 10 at 6:48
2

The fact that the Oklahoma businessmen didn't reimburse you until you informed him it was a crime (because he didn't know it was a fraudulent charge) really means nothing. You recovered your loss, albeit by yourself. The bank covered the rest, like your earlier question: As a victim of debit card fraud, what are my legal options?

Few prosecutors will look into prosecuting a crime in hindsight since your losses were reimbursed or covered by the bank. A local prosecutor might look into the name of the fraudster to see if he/she has a previous record, and possibly tell law enforcement to keep that person in mind. The local prosecutor would lead the case, not police or law enforcement.

But again, if you didn't lose any money, or at least a minimum that would be hundreds of dollars, depending on local and state laws, nothing is going to happen. Talk to the county prosecutor's office in your county and see what the say; there will be a minimum of monetary loss, distant jurisdictions and other more important cases to consider, and since it's a free country, the miscreant will most likely crime again, until they're caught for something that can be prosecuted.

Credit/debit card fraud is very prevalent, and will remain so until prosecutors have time/money to pursue, laws become more strict, and the banking industry creates more technical protections. Check https://www.google.com/search?q=carder+sites to see what they are up against.

  • It’s worth noting just how low of a priority that this sort of crime is - it’s the financial equivalent of shoplifting, and if there’s any investigatory legwork to be done, no one is going to touch it with a barge pole because the return simply isn’t worth it in most cases. Unless it’s part of an organised ring or criminal mastermind, it’s going to be filed and forgotten about. If they ever manage to catch the person involved, your case might form the basis of a prosecution with dozens of other victims, but on its own? Forget it. – Moo Jan 10 at 8:32
  • @Moo, this is very insightful. Its funny how marketing of a certain topic is never accurate or it serves a different purpose. On television you see so much of how financial fraud crimes are serious and important and XYZ entity is doing such and such to stop it. I have learned a lot, like its safer to use credit cards because they have the resources to stop it and enact protections whereas banks are limited in resources to stop this kind of crime. In fact, Frank Abgnale said he would never recommend use of debit card, he never uses one himself. – Daniel Jan 10 at 16:06
  • 1
    It also kind of sends the message that you can hack financial fraud law if you steal the creds from one state, live in another and commit the fraud in a third state. I am in tech so among my colleagues finding the hack means finding the loophole or vulnerability in the law. Indeed, it can be said this guy was lucky or he is a genius and figured it out, so he will live to do it again another day, its a free country unless you do this to the State, I bet then its a free country turns into a file and an ongoing investigation paid for by all of us. – Daniel Jan 10 at 16:11
  • @Daniel Notice how it's marketing. That means there's a company looking to make a profit by providing a service (or other good) that people desire but have difficulties acquiring. The very existence of those advertisements should suggest to you that the legal, government-level mechanisms for dealing with them are inadequate. Otherwise there wouldn't be any room for them to operate and profit. – zibadawa timmy Jan 12 at 7:22
  • @zibadawatimmy, hmm, good point. Everyone's answer has been very educational I must say. I think most Americans are like me, we really don't know how all this works until it happens. I will say I have heard fellow engineers tell me I would be shocked at how laissez-faire banks and financial institutions are with passwords and cybersecurity. I guess I should not be that surprised. – Daniel Jan 12 at 21:52

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.