Cedar Falls man pleads guilty to credit card fraud in Floyd County

By Bob Steenson, bsteenson@charlescitypress.com

A Cedar Falls man who was charged with stealing almost $3,500 through the fraudulent use of credit cards in Floyd County has pleaded guilty and requested a deferred sentence.

James Robert Vilmain II, age 37, was arrested in November 2019 on a warrant that had been issued in July. He was charged with using two credit cards that he had allegedly kept after being terminated from employment with a Charles City trucking company.

The criminal complaint said Vilmain charged items totaling $3,491.39 between May 2 and May 30, and was identified using the cards on store security cameras.

Unauthorized use of a credit card between $1,000 and $10,000 is a Class D felony, punishable by up to 5 years in prison and up to a $7,500 fine plus 35% surcharge.

Last month Vilmain entered a written plea of guilty to the charge, in exchange for the Floyd County Attorney’s office agreeing to not resist a request for a deferred judgment, 3 years of supervised probation, restitution to the victim, and court costs and fees.

In a deferred judgment, if the defendant meets the terms of the sentence including successfully completing probation, the conviction is removed from his record.

On Tuesday, Floyd County Judge Peter Newell accepted the guilty plea and set March 24 for sentencing.

A judge is not required to accept the recommendation in a plea agreement, and the defendant acknowledges in the agreement that the judge can issue any sentence up to the maximum available under the law.