Credit Card Transaction Laundering

Chapter 32 of the Texas Penal Code defines offenses relating to fraud.

“Credit Card Transaction Laundering”, as per § 32.35 of the Texas Penal Code, occurs when a person is an authorized vendor who, with intent to defraud the creditor or cardholder, presents to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent, or a person, without the creditor's authorization, the person employs, solicits, or otherwise causes an authorized vendor or the vendor's agent to present to a creditor, for payment, a credit card transaction record of a sale that was not made by the authorized vendor or the vendor's agent.

It is presumed that a person is not the agent of an authorized vendor if a fee is paid or offered to be paid by the person to the authorized vendor in connection with the vendor's presentment to a creditor of a credit card transaction record.

An offense under this section is a:

Class C misdemeanor if the amount of the record of a sale is less than $100;
Class B misdemeanor if the amount of the record of a sale is $100 or more but less than $750;
Class A misdemeanor if the amount of the record of a sale is $750 or more but less than $2,500;
state jail felony if the amount of the record of a sale is $2,500 or more but less than $30,000;
felony of the third degree if the amount of the record of a sale is $30,000 or more but less than $150,000;
felony of the second degree if the amount of the record of a sale is $150,000 or more but less than $300,000; or
felony of the first degree if the amount of the record of a sale is $300,000 or more.

Punishment Range

Misdemeanor C

Fine not to exceed $500

Misdemeanor B

Confinement in jail for a term not to exceed 180 days
Fine not to exceed $2,000
Both such fine and confinement

Misdemeanor A

Confinement in jail for a term not to exceed one year
Fine not to exceed $4,000
Both such fine and confinement

State Jail Felony

Confinement in a state jail for not more than two years and not less than 180 days
In addition to confinement, may receive a fine not to exceed $10,000

Third Degree Felony

Imprisonment in the institutional division for not more than 10 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

Second Degree Felony

Imprisonment in the institutional division for not more than 20 years or less than two years
In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

Imprisonment in the institutional division for life, or
Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
In addition to imprisonment, may receive a fine not to exceed $10,000

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