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8.86 Access Devices-Unlawfully Possessing Fifteen or More (18 U.S.C. Sec. 1029(a)(3)). .

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Sample Jury Instructions from the 9th Circuit Federal Court of Appeals. http://www3.ce9.uscourts.gov/jury-instructions/
8.86 Access Devices-Unlawfully Possessing Fifteen or More (18 U.S.C. Sec. 1029(a)(3)) is a federal law which criminalizes the possession of fifteen or more access devices that are counterfeit, unauthorized, or stolen. Access devices are defined as any device, code, account number, or other means of access that can be used to obtain money, goods, services, or any other thing of value. Types of access devices include credit cards, debit cards, telephone cards, and other forms of payment. The law also applies to the possession of fifteen or more devices with the intent to defraud or otherwise commit a crime. Violation of this law is punishable by a fine, imprisonment, or both.

8.86 Access Devices-Unlawfully Possessing Fifteen or More (18 U.S.C. Sec. 1029(a)(3)) is a federal law which criminalizes the possession of fifteen or more access devices that are counterfeit, unauthorized, or stolen. Access devices are defined as any device, code, account number, or other means of access that can be used to obtain money, goods, services, or any other thing of value. Types of access devices include credit cards, debit cards, telephone cards, and other forms of payment. The law also applies to the possession of fifteen or more devices with the intent to defraud or otherwise commit a crime. Violation of this law is punishable by a fine, imprisonment, or both.

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FAQ

1029. Fraudulent Presentment and Related Unauthorized Credit Card Transactions Made by Access Device?18 U.S.C.

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.

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 another

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.

"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.

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.

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.

More info

§ 10 defines interstate and foreign commerce. 18 U.S.C. § 1029(e) defines "access device," "counterfeit access device," and "unauthorized access device.".(3). knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;. (3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices;. 1029. Federal criminal lawyers explain credit card fraud laws under 18 U.S.C. § 1029 which makes it a crime to use or traffic in counterfeit access devices. 8.86. Access Devices—Unlawfully Possessing Fifteen or. More (18 U.S.C. § 1029(a)(3)). 8.71. 8.87. Count One charged the defendant with unlawful possession of 15 or more access devices in violation of Section 1029(a)(3) of Title 18 of the United States. NPDES Permit No. MA0101630.

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8.86 Access Devices-Unlawfully Possessing Fifteen or More (18 U.S.C. Sec. 1029(a)(3)). .