What is Access Device Fraud?
In Pennsylvania, it is a crime if a person uses any card or access device (including but not limited to a credit card, debit card, personal identification number, or account number) to obtain or trying to obtain property or services while knowing that:
- the access device is counterfeit, altered, or incomplete
- the access device was issued to another person who has not authorized its use
- the access device has been revoked or canceled
- the use of the access device is limited by the issuer
A person also commits access device fraud if he/she:
- publishes, makes, sells, gives, transfers, or aids a person is getting an access device knowing that it is counterfeit, altered, incomplete, unauthorized by the device holder or issuers, revoked, or canceled
- possesses an access device knowing that it is counterfeit, altered, incomplete, or belongs to another person and its use is not authorized.
The above crimes all fall under the category of access device fraud and are punishable in all the counties of Pennsylvania.
What are the penalties for Access Device Fraud in Pennsylvania?
-Penalties for using an access device to obtain a property or service while knowing the device is unsuitable for use
- If the value involved is less than $50 it is considered a misdemeanor of the second degree
- If the value involved is more than $50 but less than $500 it is considered a misdemeanor of the first degree
- If the value involved is more than $500 it is considered a felony of the third degree
-If a person publishes, makes, sells, gives, transfers, or aids a person is getting an access device knowing that the device is unsuitable for use it is considered a felony of the third degree.
-If a person possesses an access device knowing that it is unsuitable for you it is a misdemeanor of the third degree.
In the state of Pennsylvania, each access device is considered a separate offense. For more information on the Access Device Fraud Click Here.
What can I do?
The first step after you or a loved one is charged with a crime concerning access device fraud in the areas surrounding Chester County is to contact a reliable law team who can help defend you and protect your interests. The Law Office of Vincent J. Caputo is ready to help you through this process. Please contact us with any questions about access device fraud