Another example of an access device crime is skimming. In June 2006, the Department
of Justice (DOJ), in an operation appropriately named ???Operation French Fry,??? arrested
eight persons (a ninth was indicted and declared a fugitive) in an identity theft ring
where waiters had skimmed debit card information from more than 150 customers at
restaurants in the Los Angeles area. The thieves had used access device??“making equipment
to restripe their own cards with the stolen account information, thus creating
counterfeit access devices. After requesting new PINs for the compromised accounts,
they would proceed to withdraw money from the accounts and use the funds to purchase
postal money orders. Through this scheme, the group was allegedly able to steal
over $1 million in cash and money orders.
Table 2-1 outlines the crime types addressed in section 1029 and their corresponding
punishments. These offenses must be committed knowingly and with intent to defraud
for them to be considered federal crimes.
A further example of a crime that can be punished under the Access Device Statute is
the creation of a website or the sending of e-mail ???blasts??? that offer false or fictitious
products or services in an effort to capture credit card information, such as products that
promise to enhance one??™s sex life in return for a credit card charge of $19.
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