Georgia Theft & Fraud Defense Attorneys

Georgia law provides that a person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.

Theft by deception

Georgia law provides that a person commits the offense of theft by deception when he obtains property by any deceitful means with the intention of depriving the owner of the property.

A person deceives if he intentionally:

(1) Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;

(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;

(3) Prevents another from acquiring information pertinent to the disposition of the property involved;

(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or

(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.

"Deceitful means" and "artful practice" do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.

Theft by conversion

Georgia law provides that a person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation.

Theft of services

Georgia law provides that a person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.

Theft by receiving stolen property

A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control of the property.

Punishment

A person convicted of a violation of these code sections shall be punished as for a misdemeanor unless the property which was the subject of the theft exceeded $500.00 in value. If so, he will be punished by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor.

If the property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for not less than one nor more than 15 years, a fine, or both.

If the property which was the subject of the theft was a motor vehicle or was a motor vehicle part or component which exceeded $100.00 in value, by imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor; provided, however, that any person who is convicted of a second or subsequent offense under this paragraph shall be punished by imprisonment for not less than one year nor more than 20 years.

If the property which was the subject of the theft offense was a destructive device, explosive, or firearm, by imprisonment for not less than one nor more than ten years.

Any person who commits the offense of theft by deception when the property which was the subject of the theft exceeded $500.00 in value and the offense was committed against a person who is 65 years of age or older shall, upon conviction thereof, be punished by imprisonment for not less than five nor more than ten years.

Theft of a trade secret

Georgia law provides that "trade secret" means information which is not commonly known by or available to the public and which information derives economic value from not being generally known to other persons who can obtain economic value from its disclosure or use; and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

Any person who, with the intent to deprive the owner of the exclusive use of a trade secret, or with an intent to appropriate a trade secret to his or her own use or to the use of another, takes, uses, or discloses such trade secret to an unauthorized person; acquires knowledge of such trade secret by deceitful means or artful practice; or without authority, makes or causes to be made a copy of an article representing such trade secret commits the offense of theft of a trade secret and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years and by a fine of not more than $50,000.00, provided that, if the value of such trade secret, and any article representing such trade secret that is taken, is not more than $100.00 such person shall be punished as for a misdemeanor.

Theft by extortion

Georgia law provides that a person commits the offense of theft by extortion when he unlawfully obtains property of or from another person by threatening to:

(1) Inflict bodily injury on anyone or commit any other criminal offense;

(2) Accuse anyone of a criminal offense;

(3) Disseminate any information tending to subject any person to hatred, contempt, or ridicule or to impair his credit or business repute;

(4) Take or withhold action as a public official or cause an official to take or withhold action;

(5) Bring about or continue a strike, boycott, or other collective unofficial action if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act; or

(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense.

In a prosecution under this Code section, the crime shall be considered as having been committed in the county in which the threat was made or received or in the county in which the property was unlawfully obtained.

A person convicted of the offense of theft by extortion shall be punished by imprisonment for not less than one nor more than ten years.

Forgery in the first degree

Georgia law provides that a person commits the offense of forgery in the first degree when with intent to defraud he knowingly makes, alters, or possesses any writing in a fictitious name or by authority of one who did not give such authority and utters or delivers such writing.

A person convicted of the offense of forgery in the first degree shall be punished by imprisonment for not less than one nor more than ten years.

Financial transaction card theft

Georgia law provides that a person commits the offense of financial transaction card theft when he takes, obtains, or withholds a financial transaction card from the person, possession, custody, or control of another without the cardholder's consent, or receives a financial transaction card that he knows to have been lost, mislaid, or delivered under a mistake as to the identity or address of the cardholder and retains possession with intent to use it or sell it or to transfer it to a person other than the issuer or the cardholder.

Conviction of the offense of financial transaction card theft is punishable by a fine of not more than $1,000.00 or imprisonment not less than one year nor more than two years, or both.

Financial transaction card fraud

Georgia law provides that a person commits the offense of financial transaction card fraud when with intent to defraud the issuer he uses for the purpose of obtaining money, goods, services, or anything else of value:

(A) A financial transaction card obtained or retained or which was received with knowledge that it was obtained through means of forgery or theft;

(B) A financial transaction card which he or she knows is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application; or

(C) The financial transaction card account number of a financial transaction card which he or she knows has not in fact been issued or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application.

Conviction of the offense of financial transaction card fraud is punishable by a fine of not more than $1,000.00 or imprisonment not less than one year nor more than two years, or both.

A person also commits the offense of financial transaction card fraud when, upon application for a financial transaction card to an issuer, he knowingly makes or causes to be made a false statement or report relative to his name, occupation, employer, financial condition, assets, or liabilities or willfully and substantially overvalues any assets or willfully omits or substantially undervalues any indebtedness for the purpose of influencing the issuer to issue a financial transaction card. Financial transaction card fraud as provided in this subsection is punishable by a fine of not more than $5,000.00 or imprisonment for not less than one year nor more than three years, or both.

Computer theft, trespass, invasion of privacy, forgery, and password disclosure

Identity theft

(a) Computer Theft. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

(1) Taking or appropriating any property of another, whether or not with the intention of depriving the owner of possession;

(2) Obtaining property by any deceitful means or artful practice; or

(3) Converting property to such person's use in violation of an agreement or other known legal obligation to make a specified application or disposition of such property shall be guilty of the crime of computer theft.

(b) Computer Trespass. Any person who uses a computer or computer network with knowledge that such use is without authority and with the intention of:

(1) Deleting or in any way removing, either temporarily or permanently, any computer program or data from a computer or computer network;

(2) Obstructing, interrupting, or in any way interfering with the use of a computer program or data; or

(3) Altering, damaging, or in any way causing the malfunction of a computer, computer network, or computer program, regardless of how long the alteration, damage, or malfunction persists shall be guilty of the crime of computer trespass.

(c) Computer Invasion of Privacy. Any person who uses a computer or computer network with the intention of examining any employment, medical, salary, credit, or any other financial or personal data relating to any other person with knowledge that such examination is without authority shall be guilty of the crime of computer invasion of privacy.

(d) Computer Forgery. Any person who creates, alters, or deletes any data contained in any computer or computer network, who, if such person had created, altered, or deleted a tangible document or instrument would have committed forgery under Article 1 of this chapter, shall be guilty of the crime of computer forgery. The absence of a tangible writing directly created or altered by the offender shall not be a defense to the crime of computer forgery if a creation, alteration, or deletion of data was involved in lieu of a tangible document or instrument.

(e) Computer Password Disclosure. Any person who discloses a number, code, password, or other means of access to a computer or computer network knowing that such disclosure is without authority and which results in damages (including the fair market value of any services used and victim expenditure) to the owner of the computer or computer network in excess of $500.00 shall be guilty of the crime of computer password disclosure.

(f) Article not Exclusive. The provisions of this article shall not be construed to preclude the applicability of any other law which presently applies or may in the future apply to any transaction or course of conduct which violates this article.

Any person convicted of the crime of computer theft, computer trespass, computer invasion of privacy, or computer forgery shall be fined not more than $50,000.00 or imprisoned not more than 15 years, or both. Any person convicted of computer password disclosure shall be fined not more than $5,000.00 or incarcerated for a period not to exceed one year, or both.

Identity theft

Georgia law provides that a person commits the offense of identity fraud when he or she obtains or records identifying information of a person which would assist in accessing the resources of that person or any other person with the intent to defraud that person.

A violation of this article shall be punishable by imprisonment for not less than one nor more than ten years or a fine not to exceed $ 100,000.00, or both. Any person who commits such a violation for the second or any subsequent offense shall be punished by imprisonment for not less than three nor more than 15 years, a fine not to exceed $ 250,000.00, or both.

Residential mortgage fraud

Georgia law provides that a person commits the offense of residential mortgage fraud when, with the intent to defraud, such person:

(1) Knowingly makes any deliberate misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;

(2) Knowingly uses or facilitates the use of any deliberate misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process;

(3) Receives any proceeds or any other funds in connection with a residential mortgage closing that such person knew resulted from a violation of paragraph (1) or (2) of this Code section;

(4) Conspires to violate any of the provisions of paragraph (1), (2), or (3) of this Code section; or

(5) Files or causes to be filed with the official registrar of deeds of any county of this state any document such person knows to contain a deliberate misstatement, misrepresentation, or omission.

Any person violating this article shall be guilty of a felony and, upon conviction, shall be punished by imprisonment for not less than one year nor more than ten years, by a fine not to exceed $5,000.00, or both.

If a violation of this article involves engaging or participating in a pattern of residential mortgage fraud or a conspiracy or endeavor to engage or participate in a pattern of residential mortgage fraud, said violation shall be punishable by imprisonment for not less than three years nor more than 20 years, by a fine not to exceed $100,000.00, or both.

Fraudulent insurance claims

Georgia law provides that any person who knowingly or willfully:

1. Makes or aids in the making of any false or fraudulent statement or representation of any material fact or thing:

(A) In any written statement or certificate;

(B) In the filing of a claim;

(C) In the making of an application for a policy of insurance;

(D) In the receiving of such an application for a policy of insurance; or

(E) In the receiving of money for such application for a policy of insurance for the purpose of procuring or attempting to procure the payment of any false or fraudulent claim or other benefit by an insurer;

2. Receives money for the purpose of purchasing insurance and converts such money to such person's own benefit;
3. Issues fake or counterfeit insurance policies, certificates of insurance, insurance identification cards, or insurance binders; or
4. Makes any false or fraudulent representation as to the death or disability of a policy or certificate holder in any written statement or certificate for the purpose of fraudulently obtaining money or benefit from an insurer commits the crime of insurance fraud.

A person convicted of a violation of this Code section shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more than ten years, or by a fine of not more than $10,000.00, or both.

Recent cases:

• Emmett v. State- Theft covers any criminal appropriation of another’s property to the taker’s use. The property does not need to be taken from its owner permanently.
• Bishop v. State - In theft by deception charges, the victim’s failure to exercise reasonable diligence to prevent fraud is not a defense.
• Harris v. State - A false promise of future performance is not grounds for a theft by deception charge.
• Tukes v. State - Fraudulent intent distinguishes theft by conversion from a breach of contract.
• Thomas v. State - A defendant cannot be convicted for both robbery and theft by receiving. Either the defendant stole the property or he/she received it after someone else did.
• Todd v. State - For a defendant to be convicted of theft by receiving, it is necessary that the defendant knew or should have known that the property was stolen.
• Floyd v. State - A defendant can be convicted of forgery for possessing a forged document or forging a document.
• Hale v. State - Monetary loss is not required for financial transaction card fraud.

Our criminal defense lawyers have successfully defended Georgia theft and fraud cases for over a decade.

Our criminal law firm of top defense attorneys has extensive experience in defending serious felony theft and fraud charges in the metro areas of Atlanta, Athens, Macon, Augusta and in all other Georgia courts. Please contact us if you need a criminal defense lawyer who has successfully resolved Georgia theft or fraud cases.

PATE & BRODY
Centennial Tower,
Suite 3300
101 Marietta Street
Atlanta, Georgia 30303
Telephone:
(404) 223-3310

Get directions