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**calliope** · 10-13-2003, 08:27 AM

i have a hearing next week and and am charging an international student with misuse of credit card. his j-1 student visa is valid. the criminal offense is a violation of 266 sec 37b but the amount charges is $386--i think it should be sec 37c b/c the amount is over $250 therefore a felony. he used the credit card of his x girlfriend to charge part of his tuition. i have found the person at the college who processed the card and she remembers him coming in. i intend to argue this is a crime of moral turpitude and believe i can do so b/c he had the intent to defraud, knowingly took possess of my credit card and was not authorized to do so, and b/c the potential sentence meets the standard "one year rule" required by fed. gov't. does anyone have any suggestions, precedents, or advice for me so i might make a strong presentation before the judge?
thank you

**4now** · 10-13-2003, 08:54 AM

Hi Calliope. a little background please .
1. Did you file a police/fraud report with the police district where the theft occured?
I am sure you well know by now that the credit card company will not do anything unless this has occured .

2. Has your credit card company charged back the $386 to the College, therefore crediting back your credit card? In turn , the credit card company now should be exercising their rights against the person that committed the crime.

Please expound on this so that your question can be properly addressed
If you filed the report as you well know the credit card company must

**calliope** · 10-13-2003, 09:13 AM

1. Did you file a police/fraud report with the police district where the theft occured?
yes i have filed two police reports--in two different cities. there was some confusion over jurisdiction b/c the theft occurred in one city, then the transaction occurred in another, but it's finally had a hearing set.

2. Has your credit card company charged back the $386 to the College, therefore crediting back your credit card? In turn , the credit card company now should be exercising their rights against the person that committed the crime.
yes they charged it back. i need to point out
he has made restitution, so the felony larceny charge was dropped, but the misuse of credit card is still valid. the total he owed me was $2157, but the amount on my card was only $386. he has paid the full amount, but only after i filed the initial police report and told him i had done so.
i will argue he intended to defraud me of all that money until i went to the police.

**4now** · 10-13-2003, 09:46 AM

Calliope. What is it you are looking for to come out of this. Do you want to see jail time or probation for this student. Are you looking for grounds to take to BCIS for revocation of his visa? In any case if you are looking for these things, it sounds like you have appropriate evidence for BCIS.

Now, are you sure you want to do this? It sounds like your relationship was certainly close enough with this person at one time to have lend him $2000. Is he a person desperate in trying to succeed in school and here. Is this a relationship gone bad and you feel used? or is this a bad person with criminal intent and should not be allowed chance to stay here. He did make restitution.. Did he show any remorse in your opinion? I am sure he is young without mature thinking. Please think about these things and be sure you are not thinking in a biased way when you make your decision. People make mistakes, especially when they are desperate. Thats why God invented 2nd chances. The money has been returned, your heart and trust have been betrayed.. only time can repair that, but your life will go on . If you are succesful in court, this person's life may change forever for a mistake that he has made restitution for. and you may regret. Maybe forgiveness is in order here. Think about it.

**calliope** · 10-13-2003, 11:01 AM

Do you want to see jail time or probation for this student. Are you looking for grounds to take to BCIS for revocation of his visa? In any case if you are looking for these things, it sounds like you have appropriate evidence for BCIS.

i want what is just. he has done what he *chose* to do and now i will do what i have to. No, this 32 y.o. man wasn't remorseful. i wouldn't even say he is a hypocrite -- at least a hypocrite pays tribute to the rules they're breaking -- but when someone completely lacks all guilt, shame, or moral feeling...frankly he's like a character from a made for tv movie that appears on the lifetime channel.

i want him to forever know what he has done is wrong and i am not responsible for the consequences of his actions. i am a working student myself and i will not be manipulated, exploited, lied to, or stolen from. the fact restitution has been made is a peripheral for me (i'm not so stupid as to turn away a check). he has made his decisions and there is no doubt in my mind that i am doing what is appropriate.

**4now** · 10-13-2003, 08:34 PM

Calliope, It sounds like you have already given this much thought, which is a good thing. Im sure you will do what is right for you. And I hope you are right about his character because soon he may be facing a serious situation if you are succesful in court and with BCIS. Im glad you got your money back, and I sincerely hope you will not lose faith in all aliens and not hold any bias against their culture because of this manipulative person. Do what you have to do and then put this behind you. Best Wishes

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