Louisiana Jury Instruction - Fraud In Connection With Counterfeit Credit Cards Or Other Access Devices
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FAQ
"Unauthorized access device" is defined at 18 U.S.C. § 1029(e)(3) as "any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud." See United States v.
1029, which describes fraud in connection with access devices. Under this law, it's a felony to use or traffic in counterfeit access devices, including credit cards, debit cards, and gift cards. Federal credit card fraud is also called access device fraud. Under 18 U.S.C.
(18 U.S.C. § 1029(a)(2)) [To ?traffic? in an access device means to transfer or otherwise dispose of it to another, or to obtain control of it with intent to transfer or dispose of it.]
A conviction for a first time offense can result in a fine of up to $25,000, and a prison term of up to ten or fifteen years, or both, as well as forfeiture of any equipment used to perpetrate the crime depending on the type of fraud which is broken down by sub-sections.
The crime of fraudulently using somebody's credit or debit card is described under California Penal Code 484g. This statute covers using a stolen, , forged, altered, revoked or expired credit card to obtain cash or goods knowing the card was not valid.
An access device can be a credit card, debit card, ATM card, or a card with an account number on it.
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.
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, ...