Credit Card Frauds
The application of the mail fraud statute to credit card frauds was
limited by United States v. Maze, 414 U.S. 395 (1974) (forwarding by
of credit card vouchers to credit card issuers for payment subsequent to the
receipt of merchandise through the unauthorized use of a credit card did not
constitute a use of the mails in furtherance of a fraudulent scheme so as to
sustain prosecution under the mail fraud statute). Accordingly, mail fraud
prosecutions in the credit card area are limited to instances involving (a)
in obtaining the credit card, or (b) a dishonest merchant who has knowledge
the use is unauthorized (in which case, the merchant has not been paid and
forwarding of the voucher for payment is an integral part of the scheme).
Cf. United States v. Wallach, 935 F.2d 445, 465 (2d Cir. 1991)
(subsequent mailing of credit card invoices "central to the scheme").|
Prosecutions concerning the fraudulent use of a credit card may be
instituted under other statutes, e.g., 15 U.S.C. § 1644, 18 U.S.C.
1029, and in certain situations, 18 U.S.C. § 1344. See USAM 9-49.000 et seq.
[cited in USAM 9-43.100]