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Complete Story
04/07/2020
Cell phone withdrawals were computer fraud
Virginia Lawyers Weekly
Where appellant used his cell phone to make unauthorized withdrawals from his grandmother’s bank account, his computer fraud conviction is affirmed. His cell phone was a device that fell within the statutory definition of a computer.
Overview
Appellant was charged with making unauthorized mobile withdrawals from his grandmother’s bank account. He downloaded a banking app to his cell phone, accessed her account and made transfers to his accounts with Capital One and Amazon.
“At the close of the Commonwealth’s evidence and again at the conclusion of all the evidence, the appellant moved to strike the computer fraud charge. He suggested that the statute does not cover ‘a mobile payment … to a credit card [account]’ such as his Capital One account.
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