18 U.S.C. § 1029 – Fraud in connection with access devices (credit card and device fraud)
This statute makes it a federal crime to use, traffic, or possess credit cards, account numbers, or other access devices for fraudulent purposes.
Section 1029 targets fraud involving access devices, which include credit cards, debit cards, account numbers, PINs, electronic payment credentials, and similar tools used to obtain money, goods, services, or anything of value.
What the law prohibits.
A person violates this statute if they knowingly:
- Use an unauthorized or stolen access device to obtain money, goods, services, or anything of value.
- Traffic in access devices, including selling, transferring, or distributing stolen or counterfeit credit cards or account information.
- Possess multiple access devices with the intent to defraud.
- Create, alter, or use counterfeit access devices, including fake or cloned credit cards.
- Produce or possess device-making equipment, such as skimmers or tools used to encode or clone cards.
- Obtain access devices through fraud or theft, including account numbers obtained through deception or data breaches.
- Attempt or conspire to commit any access device fraud.
The statute applies to both physical cards and electronic credentials and covers conduct affecting interstate or foreign commerce.
The term “access device” is defined broadly and can include credit cards, debit cards, account numbers, PINs, electronic identifiers, and telecommunications-related identifiers used to obtain money, goods, or services.
Penalties.
Penalties depend on the nature and scale of the fraud but may include:
- up to 10 years in federal prison for standard access device fraud offenses,
- up to 15 years if the offense involves trafficking, device-making equipment, or repeat violations,
- fines,
- restitution to victims, and
- forfeiture of devices, equipment, and related property.
If you’re under investigation for credit card or access device fraud, call (314) 900-HELP or contact our criminal defense attorneys for guidance.
