FUNDS.
(A) A person who knowingly and with intent to defraud uses a financial transaction device to withdraw or transfer funds from a deposit account in violation of the contractual limitations imposed on the amount or frequency of withdrawals or transfers or in an amount exceeding the funds than on deposit in the account is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500 or three times the amount of funds withdrawn or transferred, whichever is greater, or both imprisonment and a fine, if the amount of the funds withdrawn or transferred is less than $200.
(B) The amounts of funds withdrawn or transferred in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total amount of the funds withdrawn or transferred.
(C) As used in this section, FINANCIAL TRANSACTION DEVICE means any of the following:
(1) A credit card, meaning any instrument or device which is sold, issued, or otherwise distributed by a business organization or financial institution for the use of the person or organization identified on the instrument or device for obtaining goods, property, services, or anything of value on credit.
(2) A debit card.
(3) A point-of-sale card.
(4) Any instrument, device, card, plate, code, account number, personal identification number, or a record or copy of a code, account number, or personal identification number or other means of access to a credit account or deposit account, or a driver's license or state identification card used to access a proprietary account, other than access originated solely by a paper instrument, that can be used alone or in conjunction with another access device, for any of the following purposes:
(a) Obtaining money, cash refund or credit account credit, goods, services, or any other thing of value.
(b) Certifying or guaranteeing to a person or business the availability to the device holder of funds on deposit to honor a draft or check payable to the order of that person or business.
(c) Providing the device holder access to a deposit account for the purpose of making deposits, withdrawing funds, transferring funds between deposit accounts, obtaining information pertaining to a deposit account, or making an electronic funds transfer as defined in Public Act 322 of 1978 section 3(4), being M.C.L.A. § 488.3.
(D) A FINANCIAL INSTITUTION means a bank, savings and loan association, or credit union, and includes a corporation wholly owned by a financial institution or by the holding company parent of a financial institution.
(E) PROPRIETARY ACCOUNT means the account which is maintained by a business organization in the name of an individual person or organization and through which the business organization allows the person or organization to obtain goods, property, services, or any other thing of value on credit.
(Ord. 99-039, passed 2-28-00) Penalty, see § 130.99