Puerto Rico Jury Instruction - Fraud In Connection With Credit Cards Or Other Unauthorized Access Devices
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FAQ
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.
A card and PIN combination may be treated as an accepted access device once the consumer has used it to make a transfer.
"There are two elements in mail fraud: (1) having devised or intending to devise a scheme to defraud (or to perform specified fraudulent acts), and (2) use of the mail for the purpose of executing, or attempting to execute, the scheme (or specified fraudulent acts)." Schmuck 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.
§ 1031 - Major Fraud Against the United States. Title 18 U.S. Code 1031 is a federal statute that addresses major fraud against the United States government. It is designed to protect the integrity of government programs and operations by punishing those who defraud the government of its resources.
Mail fraud (18 U.S.C. section 1341) and wire fraud (18 U.S.C. section 1343) are both federal crimes. Each is a lengthy and complex statute, but can be basically boiled down into three elements.
"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.
Unauthorized use of any type of access device entity such as a debit or credit card issued to another individual is a crime if the prosecution can prove that the defendant intentionally used the card to pay for goods and services or obtain money.