Colorado had no ability to prosecute New York woman for unauthorized credit card use, appeals court rules

Douglas County prosecutors had no basis to pursue charges of identity theft and unauthorized use of a financial device against a woman in New York whose conduct occurred entirely outside of Colorado, the state’s second-highest court ruled on Thursday.

Erin Brennan and her children lived in New York and her ex-husband moved to Colorado after their divorce. In 2022, she proposed a budget for sending their children to summer camp, but her ex-husband balked at the expense. Months later, he noticed a charge in excess of $10,000 on his credit card statement. Brennan had authorized Camp Ramaquois in New York to charge a partial payment of camp expenses to the card, which was already on file from the prior year.

Brennan’s ex-husband reported the charge to law enforcement and prosecutors initiated criminal proceedings against Brennan. A jury convicted her in 2023 and she received a prison sentence of one year, which was suspended on the condition that she pay a fine and restitution and attend a victim empathy class…

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