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03May

What is Access Device Fraud?

Are you wondering what is access device fraud? You will learn that fraud is a widespread problem in the United States. In fact, over nine million people will have their identities stolen in the United States in a single year. In Louisiana, you are not exempt from this type of fraud and fraud. We want to educate you about access device fraud and its penalties. 

How is Access Device Fraud Tried? 

While most often you will see that these types of crimes are tried by the state in which the offense occurred. However, that is not always the case. There are some instances where access device fraud can become a federal offense. 

If access device fraud becomes a federal offense, the FBI, as well as the Secret Service, will be investigating what has happened. 

More Information On These Serious Charges

An access device is an electronic device that is used to get into an an account, access a building, view documents, etc.

So what then is access device fraud? It is a criminal offense that involves the use of an unauthorized access device to obtain money, goods, services, or anything else of value. This type of fraud can be committed in a number of ways, including using a stolen credit card, debit card, or bank account information.

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In addition, access device fraud can include:

  • Driver’s License Numbers 
  • Social Security Numbers 
  • Birth Date
  • Banking Information 
  • Identification Numbers 
  • Signatures 

These are all things that people can obtain to falsify their identity. The people who take a person’s personal information and identity are looking to defraud the victim. They are looking to obtain something of value from using this perron’s identity. 

It is important to remember that the type of information that is used to falsify the identity because this will determine how the defense goes about the case. 

According to Louisiana State Law

The definition of access device fraud under the laws of Louisiana State are listed below. 

  1. An access device shall not be transferred to another person without permission. The access device cannot be transported to another person with the intent to defraud another. 
  2. No one without proper authorization should possess an access device with the intent to steal identity of another person. 
  3. No one shall obtain a counterfeit access device or carry the equipment to make fraud access devices. 

Access device fraud deals with people who steal another person’s identity through access control systems in order to enter a building or view personal information electronically. This is to benefit them in some form or another. However, the most common reason that identity is stolen is for financial gain. Financial gain is where someone uses the money, they have obtained with this stolen identity to benefit. This could be purchasing sizable items or taking out large loans. However, it is important to keep in mind that even small loans or charges are considered a problem. 

Access Device Fraud Penalties 

As stated, this is often dealt with by the state. In Louisiana, fraud penalties are very drastic and hefty. They will also likely not help your future self out. That is why it is essential to have the best attorneys around to help if you are stuck in this predicament. 

You probably know that the more you take, the more that you can be charged with. Penalties will increase the more that is taken. This is a mark that will remain on your permanent record for life. This makes it hard to get a job in the future or even apply for college. Now let us talk about the penalties. 

  1. If a person takes a value of 25,000 dollars or less, can face twenty years of prison. They may also be fined up to 50,000 dollars. In some instances, both prison and a fine may occur. Hard labor may also be sentenced. 
  2. If a person takes over 5,000 dollars or more but remains less than 25,000 dollars, they can face up to ten years in prison with a fine no more than 10,000 dollars. Hard labor can be sentenced as well. 
  3. If there is over one thousand dollars stolen but less than five thousand dollars a person may face up to five years in prison and up to a three thousand dollar fine. Hard labor may also be enforced here.
  4. If someone steals more than five hundred dollars but less than one thousand dollars, they may face up to six months in prison with a fine of up to five hundred dollars. Hard labor is not an option here. 
  5. If there is a previous sentence of theft, the person can be imprisoned for up to two years with an additional two thousand dollars in fines. Keep in mind that this is added to the original sentence for repeat offenders. 
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Conclusion: What Is Access Device Fraud?

It is essential to have the best defense attorneys in the area. If you are charged with this crime, it is time to act. You now know the sentencing and punishment. It is time to get ahold of the right attorney now.

Barkemeyer Law Firm is a criminal law firm in Louisiana. We have several locations and represent clients dealing with a variety of criminal charges. You can take a look at our firm overview page here and read up on our attorneys. Barkemeyer Law Firm is here to help you through your criminal charges.

You should now know what is access device fraud and we wish you luck in your case.

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Louisiana Criminal Lawyers

Louisiana criminal lawyers and DWI attorneys at the Barkemeyer Law Firm providing legal defense services for clients in New Orleans, Metairie, Kenner, Gretna, Hahnville, Belle Chasse, St. Bernard, Slidell, St. Tammany, St. Charles, St. John, Laplace, Mandeville, Covington, Shreveport, Bossier, and Jefferson.

DISCLAIMER: The information on this website is not formal legal advice nor does it create an attorney-client relationship.

Louisiana Criminal Lawyers

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