C.G.S. § 53a-128b — False Statement to Procure Issuance or Loading of a Payment Card (Credit/Debit Card Application Fraud)

This statute covers written lies made to get a payment card (credit or debit) issued—or to load a payment card into a digital wallet. The State must prove you:

1. made or caused a false written statement,
2. knew it was false and intended the issuer to rely on it,
3. about identity or financial condition (yours or someone else’s),
4. for the purpose of getting a card issued or loaded into a digital wallet.

• Payment card: credit or debit card.
• Digital wallet: software that stores digital forms of payment cards (e.g., phone wallet).
• Reliance intent vs. actual reliance: the statute requires intent that the issuer rely on the statement; actual reliance isn’t required.
• “Writing” includes electronic applications—online forms count as written statements.

Punished under § 53a-128i(a) as a Class A misdemeanor (up to 1 year in jail, up to a $2,000 fine, probation possible). Courts frequently order restitution if there’s a financial loss.

AR (Accelerated Rehabilitation) under § 54-56e is a diversion program that pauses the prosecution and, if you complete court-ordered conditions, ends with a dismissal and erasure—no conviction.

• Typically available for first-time or low-record defendants and many misdemeanors like § 53a-128b.
• Ineligible categories exist (certain violent/serious offenses); final call is judge’s discretion.
• You can only get the program very 10 years.

• No or low loss, or loss fully paid back before the hearing.
• Insight and accountability (credible apology, treatment if relevant).
• Stable anchors (work history, family responsibilities, clean compliance to date).
• A concrete plan to prevent recurrence (tech/finance hygiene, counseling, employer oversight).

1. Screen fast. We evaluate eligibility and risks, including any prior diversion history.
2. Close the loop on loss. We coordinate restitution and proof of repayment where appropriate.
3. Build the mitigation packet. Employment records, character letters, treatment notes, apology letter, and a short plan for compliance.
4. File and argue. We file the AR motion, notify stakeholders, and argue why public interest favors rehabilitation over conviction.
5. Set you up to win. Conditions are tailored (e.g., limited community service, financial-responsibility course, continued counseling). Program length is typically up to two years (often shorter).
6. Track to dismissal. You comply; we report progress; at the end, the case is dismissed and erased.

• Truth errors vs. intent: We frame application inaccuracies as non-malicious (typo/ misunderstanding) where supported.
• No downstream harm: Emphasize early interception (no card issued / no use) or zero/low loss with documentation.
• Digital-hygiene fix: Commit to fraud-prevention steps (credit freeze, MFA, employer verification policy) to show learning and risk-reduction.

• Gather proof of employment/income, recent performance reviews, and character letters.
• Draft a short apology/responsibility letter (we’ll edit for tone).
• If there’s any claimed loss, be ready to repay promptly (we’ll coordinate amounts and documentation).
• Stop talking to investigators; route all contact through counsel.

AR granted → complete conditions → case dismissed and erased → protect record, licensing, travel, and employment.

• Application data (IP/device info), underwriting notes, and recorded chat/email with the issuer.
• Uploaded IDs, pay stubs, bank statements, or employment letters.
• Digital-wallet logs showing attempted or successful card loading.
• Statements during “verification” calls.

• No knowing falsity: mistake, typo, or misunderstanding—not a deliberate lie.
• Not material / wrong topic: the statement wasn’t about identity or financial condition.
• No purpose to procure issuance/loading: the writing wasn’t used to get a card or wallet load.
• Suppression issues: defective warrants, overbroad device searches, unreliable metadata.
• Identity disputes: someone else submitted the application from your device/account.

1. Inflated income on an online app
   A user doubles their income on a digital application to get a higher limit. That’s a false written statement to procure issuance.
2. Borrowed identity for a store card
   Someone enters a cousin’s SSN and DOB on a kiosk application to open a retail card “for the discount.” That’s a knowing false written statement about identity.
3. Wallet load with fake docs
   A person submits a doctored pay stub and altered utility bill to add a new card to a phone wallet. False statements to load a payment card can trigger § 53a-128b.
4. Lawful boundary: honest mistake fixed before submission
   You start an online app, mistype your salary, notice it, and correct it before you submit. Without a knowing false written statement intended for reliance, § 53a-128b is not met (different facts could change the analysis).

• § 53a-128c — Payment card theft/illegal transfer/forgery (includes obtaining a card by fraud)
• § 53a-128d — Illegal use of a payment card
• § 53a-128f — Unlawful completion or reproduction of a payment card
• §§ 53a-129a–129d — Identity theft
• § 53a-139 — Forgery in the second degree
• § 53a-130 — Criminal impersonation

• Don’t “explain” yourself to investigators.
• Don’t consent to searches of phones, laptops, or cloud accounts.
• Save emails, application screenshots, and verification texts.
• Call a defense lawyer immediately.

Charged or under investigation for § 53a-128b anywhere in Connecticut? Call Allan F. Friedman Criminal Lawyer at (203) 357-5555 for a fast, confidential consultation. I defend payment-card and financial-crime cases statewide, step in early to control the process, and work to protect your record from day one. For more information please review our criminal defense page.