Person A opened a credit card using Person B's info. Person B found out and filed the police report and reported fraud to the credit card company. Person A begged and Person B called the police and asked the charges be dropped. Because the police had not yet filed the charges, the police said it will be cleared. Person A & B called the credit card fraud dept and paid the balance off. Question is, can the credit card company contact the police to request to proceed with the charges?
The credit card company cannot file criminal charges on their own. At most, they can file a civil suit against the fraudster, or request a district attorney to file charges, either directly or via private complaint.
That said, District Attorneys take credit fraud very seriously and, if a reputable company presents clear evidence of fraud, it is not unlikely that the District Attorney would indeed begin a prosecution.
My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.
It is the Commonwealth that files criminal charges. I do not see any reason that the credit card company cannot contact the police and make such a request. I do not see this as changing the mind of the Commonwealth. They may have already decided that they will file charges despite what the officer may have said. They may have already decided that they will not file anything unless they find this same type of offense committed by Person A with other victims.
As way of summary, yes the credit card company can contact the police. It is highly unlikely that it will change the decision already made unless the company provides evidence of other fraud by person A. If this does occur, contact an attorney.
Michael L. Doyle
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline