Access Device Fraud Defined – La RS 14:70.4
A. No person shall without authorization and with the intent to defraud transfer an access device to another person.
B. No person shall without authorization and with the intent to defraud possess an access device issued to another person.
C. No person shall with the intent to defraud use, possess, or transfer device-making equipment or a counterfeit access device.
D. As used herein:
(1) “Access device” means a person’s social security number, driver’s license number, birth date, mother’s maiden name, checking account numbers, savings account numbers, personal identification numbers, electronic identification numbers, digital signatures, or other means of account access that can be used to obtain anything of value, whether contemporaneously or not.
(2) “Counterfeit access device” means an access device that is fictitious, altered, or forged.
(3) “Device-making equipment” means any instrumentality, mechanism, or impression designed or primarily used for making an access device or counterfeit access device.
(4) “Transfer” means sell, give, provide, or transmit.
Penalties for Access Device Fraud in Louisiana
(1) A person who commits the crime of access device fraud when the misappropriation or taking amounts to a value of twenty-five thousand dollars or more shall be imprisoned at hard labor for not more than twenty years, or fined not more than fifty thousand dollars, or both.
(2) When the misappropriation or taking amounts to a value of five thousand dollars or more, but less than a value of twenty-five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than ten years, or fined not more than ten thousand dollars, or both.
(3) When the misappropriation or taking amounts to a value of one thousand dollars or more, but less than a value of five thousand dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than three thousand dollars, or both.
(4) When the misappropriation or taking amounts to a value of less than one thousand dollars, the offender shall be imprisoned for not more than six months or fined not more than five hundred dollars, or both.
(5) Upon a third or subsequent conviction of theft, the offender shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.
Access Device Fraud Lawyer New Orleans
Access device fraud crime is the illegal activity to obtain another person’s financial information, property, money or services without seeking out their permission. Access device fraud is a fast-growing crime in this part of the country. The use of a credit card or debit card that belongs to another is charged as access device fraud. The increased use of technology in the country has created a giant rise in how people access other people’s information without permission. Access device fraud is becoming more prevalent in New Orleans, Louisiana as many persons are arrested for this crime daily. Anyone who gets charged for access device fraud needs to contact an Access fraud lawyer in New Orleans as soon as possible.
Credit cards and debit cards are in great use in the world today. From paying for groceries, buying dinner, online purchase, etc., they serve as important tools to validate payments of items that constitute everyday living. An unauthorized user can take charge of your card for some criminal damages to your finances. Anyone caught in such an act is arrested and charged with Access device fraud.
Access device fraud is a federal crime, which usually turns out to be a serious case. This crime may have some grievous consequences, so anyone charged with access device fraud must get a skilled access device fraud lawyer in New Orleans who can fight fiercely to defend them. A skilled lawyer knows to analyze your case, review evidence, and find the best strategy to help you defend your case. The criminal attorney at the Barkemeyer Law Firm is a skilled access device fraud lawyer in New Orleans and can represent you in court.
On what grounds can I get charged for access device fraud?
Access device fraud usually involves debit card, credit card, social security number, both date, account number, electronic identification number, personal identification number, driver’s license, digital signature and other information that can grant the account access to obtain money or anything of value that belongs to another person. Counterfeit access devices that are altered or forged items (or instance an identification card forged just to access another person’s information) can also pass for a substance of access device fraud. Possession of device making equipment for making counterfeit access device can also earn you an access device fraud charge
According to the federal law guiding Orleans Parish and New Orleans, Louisiana, access device fraud can be filed if a person with an intent to defraud possess an access device that belongs to another person. The intent to possess, use or transfer a counterfeit access device can also be punished as an access device fraud.
If you use someone else’s, maybe a friend’s credit card without their consent or permission to pay for dinner, groceries or clothing for yourself, you may be arrested and charged for access device fraud. Even when you do not have criminal intent, you can still be charged for access device fraud in New Orleans. As long as the factor “without permission ” is included, you stand guilty of the crime.
Also, if you create or sell another person’s access device to another individual, you can be charged for access devices fraud. Making it a business to create counterfeit access devices to other people’s access device can earn you a frightening repercussion. In all, whenever you or anyone you know is charged for access device fraud, the first thing to do is to reach out to a defense attorney who has experience about how such a case is handled. The New Orleans criminal lawyers at the Barkemeyer Law Firm will analyze your case and set up a defense strategy that will enable you to get the best possible results.
What to do if charged?
One of the greatest mistakes that many people make upon a criminal charge is getting confrontational with the arresting officer about their innocence. A lot of people talk so much that they end up saying implicating words that the arresting officer can easily use against them. If charged for access device fraud, you must try as much as possible to keep your cool as no amount of word or effort you put into getting confrontational or defensive with the law enforcement agents can get you released.
What you should do at such a point is to stay calm and get yourself an access device fraud lawyer in New Orleans as quickly as possible. The police may try to question you, you should choose to politely refuse to answer any of their questions. No matter what is said to you, ensure that you do not give in to temptation because any word from you may make your case more difficult for your attorney to resolve. Choose not to talk to the police without an attorney. By staying away from giving answers to the provocative questioning from the police and not trying to prove your innocence in the absence of an attorney will make your attorney’s work easier.
Penalties for access device fraud
Access device fraud can either be charged as a felony or misdemeanor. The severity of the punishment depends on the value of the things taken. If the value of items stolen is up to $500 but less than $1,500, the offender is imprisoned for not more than 5 years or pay fine of up to $3,000. The offender may also serve both penalties.
If the crime values up to $1,500 or more, offenders shall face prison time of not more than 10 years or pay $5,000 or serve both. If less than $500, the offender shall be imprisonment for not more than 6 months or pay a fine of not more than $500, or both.
For a third or subsequent offense, the offender is imprisoned for not more than 10 years, or pay a fine of not more than $10,000, or both.
Contact Barkemeyer Law Firm
If you or anyone around you is charged for access device fraud, you shouldn’t delay in contacting Barkemeyer Law Firm to defend your case. Barkemeyer Law Firm is a criminal defense lawyer in New Orleans who fights fiercely for the interest of his clients.
201 St. Charles Avenue, Suite 2500
New Orleans, LA 70170