Credit Card Forgery Theft Fraud Virginia 18.2-193 18.2-192 18.2-195 Fairfax County Prince William Loudoun Lynchburg Fredericksburg Richmond Beach
|
JESSE ALBERT KOVALASKE v. COMMONWEALTH OF VIRGINIA
56 Va. App. 224
May 11, 2010, Decided
Credit Card Forgery Theft Fraud Virginia 18.2-193 18.2-192 18.2-195 Fairfax County Prince William Loudoun Lynchburg Fredericksburg Richmond Beach
After receiving the statement, Sullivan cancelled the credit card. At some point after receiving the credit account statement, Sullivan discovered that one of the credit cards that were stored in his vehicle was missing. Appellant was arrested and indicted on charges of credit card forgery, in violation of Virginia Code 18.2-193, credit card theft, in violation of Virginia Code 18.2-192, and credit card fraud, in violation of Virginia Code 18.2-195. Appellant appeals his conviction for credit card fraud in violation of Virginia Code 18.2-195. Appellant contends that the evidence was insufficient to support his conviction, because the evidence did not show that he obtained the credit card without permission from the cardholder.
Whether evidence sufficient to find that the appellant committed credit card fraud?
Under Virginia Code 18.2-195(1), an individual commits credit card fraud, when with intent to defraud any person, he:
Credit Card Forgery Theft Fraud Virginia 18.2-193 18.2-192 18.2-195 Fairfax County Prince William Loudoun Lynchburg Fredericksburg Richmond Beach
(a) Uses for the purpose of obtaining money, goods, services or anything else of value a credit card or credit card number obtained or retained in violation of Virginia Code 18.2-192 or a credit card or credit card number which he knows is expired or revoked; [or]
(b) Obtains money, goods, services or anything else of value by representing (i) without the consent of the cardholder that he is the holder of a specified card or credit card number or (ii) that he is the holder of a card or credit card number and such card or credit card number has not in fact been issued. appellant contends that the Commonwealth failed to prove that he used the credit card without Sullivan's permission.
Sullivan authorized appellant to possess and use Sullivan's credit card on two distinct occasions. On each occasion, Sullivan limited the time that appellant had the authority to use the credit card. It is clear from Sullivan's and appellant's interactions that Sullivan expected appellant to return the credit card after making the requested purchases. Appellant did not misuse his employer's credit card while it was in his lawful possession; appellant misused Sullivan's credit card while it was in his wrongful possession. Because Sullivan testified that he only gave appellant permission to use the card only once, the trial court's finding that appellant did not have permission to possess the credit card when he made the four other separate and discrete purchases is not plainly wrong or without evidence to support it.
|
Evidence was held sufficient to find appellant committed credit card fraud, in violation of Virginia Code 18.2-195. Therefore, judgment of the trial court was affirmed.
Disclaimer:
These summaries are provided by the SRIS Law Group. They represent the firm's unofficial views of the Justices' opinions. The original opinions should be consulted for their authoritative content.
|
