Learn the Best Defenses Against Federal Credit Card Fraud Related Charges Under 18 U.S.C. § 1029
Many crimes are being prosecuted that they are characterizing as access fraud. Access fraud, in simple terms, involves unauthorized use of someone's personal information, often for credit card fraud under 18 U.S.C. § 1029.
Then, using that information to be able to have credit cards, charge a bunch of money, and then leave the person high and dry. The federal authorities will get involved in these access or credit card fraud if it involves:
- (1) sophistication; and
- (2) a lot of money.
The more money, the more likely the feds will get involved.
Major Fraud Cases Involving Credit Cards
If it's a small amount of money and not that sophisticated of a scheme, at least from a police or prosecution standpoint, then they will probably pass the case over to the state authorities—the police or the district Attorney's office—and let them deal with it.
The feds like to deal with major fraud cases involving access devices that cause extensive financial damage to various victims. These could be cases where large sums of money are stolen from banks or individuals through sophisticated credit card fraud schemes.
So, if you or a loved one is charged with credit card fraud or access device fraud, you're going to need some help. Sometimes, people will get roped into these cases where they really aren't the masterminds.
They're not the ones receiving the bulk of the money related to the access device fraud. But because they're involved with the people, because they're using someone's account, or because someone is linked to them, they're going to be charged.
Conspiracy to Commit Access Fraud
They will normally be charged with a conspiracy related to access fraud. They will also be held accountable if the government can prove that they knew what was going on and were a part of it for all of the money that was taken, even if they didn't get any of the money.
People have a hard time understanding and accepting that if you were part of an access fraud device scheme and a bunch of money was taken and you helped them take it, you're part of a conspiracy. In legal terms, conspiracy means being part of a plan or agreement to commit a crime.
Then, everybody who's part of a conspiracy is going to be responsible restitution-wise for all the money that was taken that you were a part of. Even if you didn't get the money, that's not the test.
The test is, were you part of the conspiracy? If so, how much money can be linked to that stolen conspiracy?
Developing a Strategy to Fight Access Fraud Charges
That is where it comes down to really having a good attorney who can fight for you and determine whether there are any defenses to your case.
If you're charged with access device fraud or credit card fraud at the federal level, there may be a chance to work out a fair resolution. We'll explore all options to ensure the best possible outcome for you. If your case is in federal criminal court in downtown Los Angeles or anywhere in the nation, you've come to the right place. I stand at the ready to help you.
I've handled many cases, both at the state and federal levels. I know what defenses are available to you when it's time to work out a deal with the prosecutors and what it takes to get the best possible deal on an access fraud device charge.
It's crucial to examine the restitution to ensure it's fair to hold you responsible for the entire loss. We are committed to upholding your rights and ensuring a just legal process.
This is especially true if you were not part of every scheme or conspiracy, didn't receive any of the money, and didn't know the extent or scope of the access fraud device scheme.
Contact the Hedding Law Firm If Charged with a Federal Offense
So, pick up the phone if you or a loved one needs help with a federal criminal credit card fraud or access device scheme case. Ask to speak to Ron Hedding. Set up a meeting with me.
We will go over the evidence. We'll go over the best strategy to get you out of the criminal justice system as fast as possible. Hedding Law Firm is a criminal defense law firm located at 16000 Ventura Blvd #1208 Encino, CA 91436. Contact us for a free case evaluation at (213) 374-3952.
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