4.18.1029 Access Device or Credit Card Fraud, 18 U.S.C. §1029(a)(2) See Statute
[Defendant] is charged with knowingly and fraudulently using [an] unauthorized access device[s] between [date] and [date]. It is against federal law to knowingly and fraudulently use access devices without authorization.
For you to find [defendant] guilty of this crime, you must be convinced that the government has proven each of the following things beyond a reasonable doubt:
First, that [defendant] used [an] access device[s];
Second, that [defendant] used it without authorization and thereby obtained something of value aggregating at least $1,000 during the one-year period from [date] to [date];
Third, that [defendant] acted knowingly, willfully and with the intent to defraud;
Fourth, that [defendant]'s conduct affected interstate or foreign commerce.
The term "access device" [means any card, plate, code, account number or other means of account access that can be used alone or in conjunction with another access device to obtain money, goods, services or any other thing of value, or that can be used to initiate a transfer of funds other than a transfer originated solely by paper instrument. It] includes credit cards.
The term "unauthorized access device" includes any access device or credit card that is lost, stolen, expired, revoked, canceled or obtained with intent to defraud.
[Defendant] acted "knowingly" if [he/she] was conscious and aware of [his/her] actions, realized what [he/she] was doing or what was happening around [him/her], and did not act because of ignorance, mistake or accident.
To act with "intent to defraud" means to act with the intent to deceive or cheat someone. Good faith on the part of [defendant] is a complete defense to a charge of credit card fraud. If [defendant] actually believed in good faith that [he/she] was acting properly, even if [he/she] was mistaken in that belief, and even if others were injured by [his/her] conduct, there would be no crime. An honest mistake in judgment does not rise to the level of criminal conduct. A defendant does not act in good faith if, even though he or she honestly holds a certain opinion or belief, he or she also acted with the purpose of deceiving others. While the term good faith has no precise definition, it means among other things a belief or opinion honestly held, an absence of malice or ill will, and an intention to avoid taking unfair advantage of another. The burden is on the government to prove fraudulent intent and consequent lack of good faith beyond a reasonable doubt. The defendant is under no obligation to prove good faith.
Conduct "affects" interstate or foreign commerce if the conduct has a demonstrated connection or link with such commerce. It is not necessary for the government to prove that [defendant] knew or intended that [his/her] conduct would affect commerce; it is only necessary that the natural consequences of [his/her] conduct affected commerce in some way.
Comment(s)
(1) The definition of good faith used here was cited approvingly in the context of credit card fraud in United States v. Goodchild, 25 F.3d 55, 59-60 (1st Cir. 1994).
(2) This instruction can be modified for § 1029(a)(1) and (3) offenses (knowingly and with intent to defraud producing, using, or trafficking in a counterfeit access device or possessing 15 or more counterfeit or unauthorized access devices). (The elements of interstate commerce and intent to defraud are the same.) On a § 1029(a)(3) offense, the jury does not have to be unanimous on which 15 cards were illegally possessed. United States v. Lee, ___ F.3d __, No. 02-1644, 2003 WL 133007 (1st Cir. Jan. 17, 2003).
FAQs
Value Less than $50: Offense graded as 2nd degree misdemeanor punishable by up to 2 years in jail. Value Above $50 but less than $500: Offense graded as 1st degree misdemeanor punishable by up to 5 years in jail. Value Above $500: Offense graded as 3rd degree felony punishable by up to 7 years in jail.
Is a check considered an access device? ›
2. Checks used to capture information. The term “access device” does not include a check or draft used to capture the Magnetic Ink Character Recognition (MICR) encoding to initiate a one-time automated clearinghouse (ACH) debit.
Is a credit card an access device? ›
Instead of using the term "credit card," or "debit/credit instrument," the term "access device" is used in the statute and is defined broadly as any "card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, ...
What is the credit card fraud detection problem statement? ›
Problem Statement:
The Credit Card Fraud Detection Problem includes modeling past credit card transactions with the knowledge of the ones that turned out to be a fraud. This model is then used to identify whether a new transaction is fraudulent or not.
How long do you go to jail for fraud in PA? ›
Fraud crimes have a wide range of penalties spanning from a summary offense to a misdemeanor or felony. The punishment for each offense includes: Summary Offense: Up to 90 days in jail and a $300 fine. Third Degree Misdemeanor: Up to one year in jail and a $2,000 fine.
What is an example of an unauthorized access device? ›
The term "unauthorized access device" includes any access device or credit card that is lost, stolen, expired, revoked, canceled or obtained with intent to defraud.
What are the access devices? ›
Access Device means any electronic device you utilize to access your account and view electronic documents. This includes, but is not limited to: a traditional computer such as a desktop or laptop computer; or a mobile device such as a tablet computer or a smartphone.
Is it illegal to charge a credit card without authorization? ›
Under the law, businesses must take steps to ensure that charges to customers' credit cards, debit cards, phone bills, and other accounts are authorized. Those principles apply to mobile payments, too.
What is a credit device? ›
Credit Device means any card, check, identification code or other means of identification contemplated by the agreement governing the plan.
How can I know if someone has access to my credit card? ›
Monitor bank accounts and review credit card statements for suspicious activity. Checking credit statements manually and monitoring Equifax, Experian or TransUnion for purchases you don't remember making can alert you to strange transactions and suspicious activity.
Compliance. A financial institution may issue an unsolicited access device (such as the combination of a debit card and PIN) if the institution's ATM system has been programmed not to accept the access device until after the consumer requests and the institution validates the device.
Is a SIM card an access device? ›
These small cards provide and convenient access to a wide of services including voice and data, internet access, and mobile payment options. With the ability to transfer store information, SIM cards also enable users to switch devices without losing important data, such as phone numbers and contacts.
What is evidence of credit card fraud? ›
Signs of credit card fraud
Suspicious charges: This is the most common sign of fraud. Look for any charges you don't recognize, no matter how small. Unknown merchants: If you see charges from merchants you don't recognize or seem out of character for your spending habits, it could be a sign of fraud.
How accurate is credit card fraud detection? ›
Logistic regression accuracy is 91.2%, Naïve bayes accuracy is 85.4% and K- nearest neighbor is last with an accuracy of 66.9% (Itoo et al., 2020).
How often is credit card fraud solved? ›
Some estimates say less than 1% of credit card fraud is actually caught, while others say it could be higher but is impossible to know.
What is the penalty for Ahcccs fraud? ›
Federal Penalties of AHCCCS Fraud as a violation of the False Claims Act include a civil penalty or fine of $5500 to $11,000 per act/per fraudulent bill. There are also other consequences that may include: Permanent listing of the crime on your criminal record.
What bill allows criminal penalties for fraud involving account access devices? ›
The Computer Fraud and Abuse Act (“CFAA”), codified at Title 18, United States Code, Section 1030, is an important law for prosecutors to address cyber-based crimes.
Is unauthorized access a crime? ›
Unauthorized computer access and fraud laws is covered under California Penal Code Section 502. It's called the “Comprehensive Computer Data Access and Fraud Act” and criminalizes the act of accessing a computer or computer network without permission when you have the intent to defraud, cause harm, or commit a crime.
What is the penal code for unauthorized computer access? ›
Unauthorized computer access and fraud under California Penal Code Section 502(c) PC occurs in the following situations: The defendant knowingly accessed and without permission altered, damaged, deleted, destroyed, or otherwise used any data, computer or computer system or network.
