Virginia criminal charge
Credit card factoring in Virginia
Credit card factoring is a criminal offense under Virginia law, defined by Va. Code Ann. § 18.2-195.1. Its classification is not fixed: Virginia assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Va. Code Ann. § 18.2-195.1.
What is the penalty for credit card factoring in Virginia?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | 1 years to 10 years (Authorized person presenting false sales record with intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Authorized person presenting false sales record with intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Authorized person presenting false sales record without intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Authorized person presenting false sales record without intent to defraud — An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
| Jail / prison | 1 years to 10 years (Causing authorized person to remit false sales record with intent to defraud — A person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person.; or, at the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both (§ 18.2-10(e))) | discretionary | Va. Code Ann. § 18.2-10 |
| Fine | up to $2,500 (Causing authorized person to remit false sales record with intent to defraud — A person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person.; with the jail-confinement alternative under § 18.2-10(e)) | discretionary | Va. Code Ann. § 18.2-10 |
| Jail / prison | up to 12 months (Causing authorized person to remit false sales record without intent to defraud — A person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud.) | discretionary | Va. Code Ann. § 18.2-11 |
| Fine | up to $2,500 (Causing authorized person to remit false sales record without intent to defraud — A person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud.; either or both with confinement (§ 18.2-11(a))) | discretionary | Va. Code Ann. § 18.2-11 |
Applies to current.
How is credit card factoring classified in Virginia?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Authorized person presenting false sales record with intent to defraud | Class 5 Felony | An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder. | Va. Code Ann. § 18.2-195.1A |
| Authorized person presenting false sales record without intent to defraud | Class 1 Misdemeanor | An authorized person presents a credit card or credit card number transaction record of a sale not made by such person, without authorization of the acquirer but without intent to defraud. | Va. Code Ann. § 18.2-195.1A |
| Causing authorized person to remit false sales record with intent to defraud | Class 5 Felony | A person, without express authorization of the acquirer and with intent to defraud the issuer, acquirer, or cardholder, employs or causes an authorized person to remit a credit card transaction record of sale not actually made by that authorized person. | Va. Code Ann. § 18.2-195.1B |
| Causing authorized person to remit false sales record without intent to defraud | Class 1 Misdemeanor | A person causes an authorized person to remit such a false transaction record without the acquirer's authorization but without intent to defraud. | Va. Code Ann. § 18.2-195.1B |
Common questions about credit card factoring in Virginia
Is credit card factoring a felony or a misdemeanor in Virginia?
It depends on the circumstances: credit card factoring ranges from a class 1 misdemeanor to a class 5 felony in Virginia under Va. Code Ann. § 18.2-195.1.
Authorized person presenting false sales record with intent to defraud: class 5 felony (Va. Code Ann. § 18.2-195.1A) · Authorized person presenting false sales record without intent to defraud: class 1 misdemeanor (Va. Code Ann. § 18.2-195.1A) · Causing authorized person to remit false sales record with intent to defraud: class 5 felony (Va. Code Ann. § 18.2-195.1B) · Causing authorized person to remit false sales record without intent to defraud: class 1 misdemeanor (Va. Code Ann. § 18.2-195.1B)
What are the penalties for credit card factoring in Virginia?
Which Virginia statute covers credit card factoring?
Credit card factoring is governed by Va. Code Ann. § 18.2-195.1 (Credit card factoring).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.