8.88 Access Devices-Illegal Transactions (18 U.S.C. Sec. 1029(a)(5)) refers to the illegal use of access devices (e.g. payment cards, identification numbers, codes, etc.) to commit fraud or other criminal activity. This type of fraud is punishable by fines, imprisonment, or both. The types of 8.88 Access Devices-Illegal Transactions (18 U.S.C. Sec. 1029(a)(5)) include credit card fraud, identity theft, counterfeiting, and online fraud. The use of access devices to commit these crimes is a federal offense which carries significant penalties. Victims of such fraud can be entitled to compensation for their losses.
8.88 Access Devices-Illegal Transactions (18 U.S.C. Sec. 1029(a)(5))
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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
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FAQ
Unauthorized access is when a person gains entry to a computer network, system, application software, data, or other resources without permission. Any access to an information system or network that violates the owner or operator's stated security policy is considered unauthorized access.
(1) the term ?access device? means any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with
1029. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device?18 U.S.C.
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.
Access Device means any electronic device you use 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.
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.
"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. Gugino, 860 F.
If you are convicted of federal credit card fraud, you face up 10 15 years in federal prison. If you are convicted of violating 18 U.S.C. 1029 for acts 1, 2, 3, 6, 7, or 10, listed above, you face a sentence of up to 10 years in federal prison, a fine of up to $250,000, or both prison and fine.