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Federal Charges For Having An Unauthorized Access Device And Credit Card Fraud

Last updated on August 1, 2023

Access device fraud, more commonly known as credit card fraud, is a federal crime. I established Law Offices of Peter Katz after serving as both a state and federal criminal prosecutor. Now, I dedicate my practice of law to defending and protecting the rights of those accused of committing crimes. With offices in New York and Princeton, I serve clients throughout the state of New York and New Jersey.

What Is An Unauthorized Access Device?

Under 18 USC 1029, an access device is an instrument that allows account access to any of the following:

  • Card or account number
  • Electronic serial number
  • Mobile identification number
  • Personal identification number

In addition, that instrument can be used to obtain money, goods or services, or something of value.

Proving Credit Card Fraud

It is a federal crime to possess an unauthorized access device. To prove criminal credit card fraud, the prosecutor and law enforcement must be able to prove the following:

  • You committed an act as defined by 18 USC 1029, including the use or trafficking of a counterfeit access device, device-making equipment or selling information for an application to obtain an access device
  • You acted willingly and with the intent to defraud
  • Your conduct had an effect on foreign or interstate commerce

Additionally, credit card fraud charges are usually charged in addition to other conspiracy charges. If other criminal charges are filed, you could face convictions on all relevant charges. Convictions for federal crimes often come with strict sentencing guidelines, meaning that you could be facing serious jail time and fines if you are found guilty. Criminal federal charges are serious and require a serious and experienced criminal defense attorney.

Contact A Federal Credit Card Defense Attorney Today

At Law Offices of Peter Katz, I offer a free, no-obligation initial consultation appointment to prospective clients. This consultation is completely confidential. You can schedule your free appointment by calling 609-900-2648 or by sending an inquiry through my online form.