Massachusetts Clerk-Magistrate’s Hearing for Multiple Counts of Credit Card Fraud and Larceny: No Criminal Complaint Issued.

Fraud Offenses

Detectives were dispatched to an area where two males were acting suspiciously. They surveilled the men go to several stores, gas stations and restaurants, attempting to either withdraw money from ATM machines or make credit card purchases. Police obtained the credit card number for the card presented by the men from one of the store’s clerks. To further investigate, they conducted a motor vehicle stop to question the men who initially lied about their whereabouts, travels and activities. Police asked the men to step away from the vehicle and upon searching inside, they found a large quantity of cash, a credit card skimming device and two credit cards, which had recently been reported stolen. Police then obtained a list of transactions conducted by the men. Based on this investigation, police submitted to the New Bedford District Court an application for criminal complaint against the men for charges of credit card fraud and larceny. One man retained Massachusetts Criminal Defense Lawyer, John L. Calcagni III, to defend him at a Clerk Magistrate’s Hearing to oppose the application. Attorney John L. Calcagni and his team worked tirelessly and quickly on this case. At the hearing, defense counsel questioned the single applicant police officer regarding the legality of his actions to stop the men, order them to exist their vehicle and search inside. This raises doubts by the Clerk-Magistrate who ultimately ruled that charges would not be filed against the men. No criminal complaint was issued.