Federal Access Device Fraud: What You Need to Know
Access device fraud—also called credit card fraud—is when someone uses an access device like a credit card, debit card, or gift card to get money, credits, goods, or services in a fraudulent way. It’s a serious federal crime that can land you in prison if you’re not careful. This article will break down what access device fraud is, how it becomes a federal crime, potential defenses, and more. Let’s dive in!
What is an Access Device?
First things first – what counts as an “access device”? The legal definition from 18 U.S.C. § 1029 is super broad and basically includes anything you can use to access money or credit. Some examples are credit cards, debit cards, gift cards, account numbers, mobile IDs, and more. Basically if you can use it to buy stuff, it’s probably an access device.
What is Access Device Fraud?
Now that we know what an access device is, what exactly is fraud?
Access device fraud happens when you use an access device in a fraudulent way to get money, credits, goods, or services that you’re not entitled too. Some examples are:
- Using someone else’s credit card without permission
- Making fake gift cards and trying to use them
- Stealing account numbers and using them to make purchases
- Trying to use an old debit card that’s expired or been canceled
Get the idea? If you’re using an access device in a sneaky or unauthorized way to get stuff, that’s access device fraud.
How Does it Become a Federal Crime?
Most access device fraud starts out as a state crime. But if certain factors are present, it can become a federal case too. Here’s when that happens:
- The fraud amount is over $1,000 – Makes it a federal felony
- You possess 15+ counterfeit/unauthorized access devices – Federal crime
- You traffic in access devices – like selling fake credit cards – Federal
- Affected a financial institution – FBI can get involved
So if your access device fraud crosses state lines, involves major money, or impacts banks, the feds can charge you under 18 U.S.C. § 1029. And you could end up in federal prison instead of state jail.
What are Defenses Against Access Device Fraud?
Let’s say you’ve been accused of access device fraud. Don’t freak out! There are defenses a skilled criminal defense lawyer can use to fight the charges, like:
- You had permission – If the card owner gave you permission to use the card, it’s not fraud.
- Reasonable belief of authorization – You reasonably thought you had permission to use the device.
- Misidentification – You didn’t actually use the device, and are being blamed for someone else’s crime.
- Duress – You were forced to commit the fraud against your will.
A good attorney will look at the specifics of your case and build the strongest defense. With the right strategy, the charges could potentially be reduced or dismissed.
What are the Penalties for Access Device Fraud?
Access device fraud penalties vary based on the details of the crime:
- Up to 10 years in federal prison
- Fines up to $250,000 for individuals
- Restitution to pay back victims
- Probation or supervised release
- Forfeiture of assets/property
Penalties increase if there are aggravating factors like a large fraud amount, extensive planning, leadership role, prior convictions, etc. But an experienced attorney can argue for lower sentences.
How Can You Avoid Committing Access Device Fraud?
To stay out of trouble, be very careful how you use and handle access devices:
- Never use someone else’s card without explicit permission
- Don’t make fake or counterfeit cards
- Be wary of schemes that sound illegal…because they probably are
- Monitor your statements and report unauthorized charges
- Keep your cards and account numbers secure
- Be honest if questioned by law enforcement
Avoiding access device fraud isn’t hard – just use common sense and make sure you’re only using cards you’re authorized to use. Stay on the right side of the law.
Get Legal Help if Charged
If you or a loved one have been charged with access device fraud, don’t go it alone. Hire an experienced criminal defense attorney to protect your rights. A skilled lawyer can often get charges reduced or dismissed through strong defense strategies. Don’t leave your fate to chance – get professional legal help right away.
Access device fraud is a serious federal crime with stiff penalties. Use access devices honestly and legally, and be very careful to avoid behavior that could be considered fraudulent. If charged, fight back with an aggressive defense. With the right legal team on your side, the outcome for your case can improve greatly.