Computer Fraud: Obtaining Financial Information

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Multi-State
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US-JURY-11THCIR-O42-2-CR
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Word
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Computer Fraud: Obtaining Financial Information is the act of illegally accessing someone's financial information, such as bank accounts and credit card numbers, to steal money or commit other types of fraud. It is a type of cybercrime that can be committed in a variety of ways, including phishing, malware, identity theft, and cyber-espionage. There are several types of Computer Fraud: Obtaining Financial Information: 1. Phishing: This type of fraud occurs when a criminal sends an email or text message disguised as a legitimate organization in an attempt to obtain personal information. 2. Malware: Malware is malicious software designed to steal financial and other sensitive data. It can be installed on a computer or mobile device without the user's knowledge. 3. Identity Theft: This form of fraud occurs when someone uses another person's personal information, such as name, Social Security number, or bank account information, to commit fraud. 4. Cyber-Espionage: Cyber-espionage involves using malicious software to gain access to a person or organization's confidential information. This information can then be used to commit fraud, steal money, or gain an advantage over a competitor.

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FAQ

A major problem with the CFAA is the ambiguous nature of the statutory language. The term ?without authorization? is not defined in the statute. ?Exceeds authorized access? is defined, but only in a somewhat circular manner that does little to limit its scope.

COMPUTER FRAUD IS DEFINED AS ANY DECEPTION OR EMBEZZLEMENT ACCOMPLISHED BY TAMPERING WITH COMPUTER PROGRAMS, DATA FILES, OPERATIONS, EQUIPMENT, OR MEDIA WHICH RESULT IN FINANCIAL LOSSES TO THE ORGANIZATION WHOSE COMPUTER SYSTEM HAS BEEN MANIPULATED.

The law prohibits accessing a computer without authorization, or in excess of authorization.

Cybercrime can include many different types of profit-driven criminal activity, including ransomware attacks, email and internet fraud, and identity fraud, as well as attempts to steal financial account, credit card or other payment card information.

Federal law provides that first time offenders caught violating the CFAA may be punished with criminal fines of up to $5,000 per crime, imprisonment from 1 to 10 years, or a combination of both.

Cyber-bullying, hacking, identity theft, and even using a work PC for personal business are all examples of computer abuse. While not always enforced, acts that constitute computer abuse was codified in the 1984 Computer Fraud and Abuse Act (CFAA) which is enforceable at the federal level.

Provisions of the Computer Fraud & Abuse Act 18 U.S.C. § 1030 OffenseSectionAccessing a Computer and Obtaining Information(a)(2)Trespassing in a Government Computer(a)(3)Accessing a Computer to Defraud and Obtain Value(a)(4)Intentionally Damaging by Knowing Transmission(a)(5)(A)6 more rows

CFAA KEY LITIGATION ISSUES exceeded authorized access on a protected computer (see Exceeding Authorization). another factor under 18 U.S.C. 1030(c)(4)(A)(i) applies) (see $5,000 Loss Threshold). transmitted a program, information, code, or command to a protected computer (see Transmission).

More info

JM § 950. 18 U.S. Code § 1030 - Fraud and related activity in connection with computers.The Computer Fraud and Abuse Act—Title 18 USC, Statute 1030 is a law designed to address legal and illegal access to federal and financial IT systems. Review of the case documents indicates that ten cases involved credit card fraud or altering credit histories to obtain bank loans improperly. Would you find the company guilty of committing a computer crime? This law makes it a federal crime to gain unauthorized access to "protected" computers (otherwise known as "hacking") with the intent to defraud or do damage. In some instances, personal identifiable information (PII) is requested. If you or someone you care about is the victim of a fraud, scam or financial exploitation, you can report the fraud or scam to the Federal Trade Commission. The IRS, state tax agencies and private industry partner to detect, prevent and deter taxrelated identity theft and fraud. Use USA.

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Computer Fraud: Obtaining Financial Information