![]() ![]() Over the years, the term has changed to include “theft and fraudulent use of credit and debit card account numbers including computer hacking, phishing, cashing-out stolen account numbers, re-shipping schemes, and Internet auction fraud.”.By definition, it includes the unauthorized use of credit and debit account information to fraudulently purchase goods and services.(B) selling information regarding or an application to obtain an access device ”.(6) “without the authorization of the issuer of the access device, knowingly and with intent to defraud solicits a person for the purpose of.(5) “knowingly and with intent to defraud effects transactions, with 1 or more access devices issued to another person or persons, to receive payment or any other thing of value during any 1-year period the aggregate value of which is equal to or greater than $1,000 ”.(4) “knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment ”.(3) “knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices ”.(2) “knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period ”.(1) “knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices ”.If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or bothĪccess Device Fraud – Credit Cards 18 U.S.C.Shall be fined under this title or imprisoned not more than 20 years, or both.(5) Defendant used, or caused to be used, the wires to carry out or attempt to carry out an essential part of the scheme.(4) Defendant acted w/ intent to defraud.(3) The promises/statements would reasonably influence a person to part w/ money/property.(2) Defendant knew that the promises/statements were false.(1) Defendant made up a scheme for obtaining money/property by making false promises/statements.Secret shopper, vending/payphone routes, envelope stuffing, medical billing, etc.Scammer sends a bad check to victim, and victim forwards most of the funds on to scammer.Fee paid to scammer up front for materials that are never received, or.Benefits scammer who then short sells a stock with inflated value or buys a stock that is now undervalued.Use of spam email or finance site message boards to convince recipients to buy or sell a stock.Internet auctions solicit numerous persons over the Internet, meeting the definition of “mass marketing”.Sentencing enhancement for “Mass Marketing”.Defrauded successful bidders by sending them inferior goods.Buyer doesn’t pay/Seller fails to deliver. The term "Internet fraud" refers generally to any type of fraud scheme that uses one or more components of the Internet (e-mail, message boards, Websites) to present fraudulent solicitations to prospective victims, to conduct fraudulent transactions, or to transmit the proceeds of fraud to financial institutions or to others connected with the scheme.
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