Federal Crimes Blog

Defense of Federal Access Fraud Charges

Posted by Hedding Law Firm | Nov 02, 2020

Learn the Best Defenses Against Federal Credit Card Fraud Related Charges Under 18 U.S.C. § 1029

There are a lot of crimes being prosecuted that they are characterizing as access fraud.  It really has to do with some sort of credit card fraud under 18 U.S.C. § 1029 or taking someone's personal information.

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

Defense of Federal Access Fraud Charges - 18 U.S.C. § 1029
Federal prosecutors will only typically deal with major credit card fraud cases that involve loss of a lot of money or damage to the victim.

If it's a small amount of money and it's 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 — police, District Attorney's office, and let them deal with it.

The feds like to deal with major fraud cases involving access devices that cause a lot of money damage to various victim.  Usually, these victims are banks.  Sometimes they're citizens.  Sometimes it's a combination of both.

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 that are receiving the bulk of the money related to the access device fraud.  But, because they're involved with the people or because they're using someone's account, or there's someone linked to them, then they're going to be charged.

Conspiracy to Commit Access Fraud

They will normally be charged with a conspiracy related to access fraud. Also, they're going to be held accountable if the government can prove that they knew what was going on and they were a part of it for all of the money that was taken, even if they didn't get any of the money.

That's one thing people have a hard time understanding and accepting which is, 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.

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 you were part of the conspiracy, 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 figure out if there are any defenses for your case.

Developing a Strategy to Fight Access Fraud Charges - 18 U.S.C. § 1029
Our experience in federal criminal cases means we know what best defense strategies are available in credit card fraud cases.

Maybe it's a situation where you're going to need to work out some sort of a resolution, if you're charged with access device fraud or credit card fraud at the federal level.

If your case is in one of the 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 level.  I know what defenses are available to you and I know when it's time to work out a deal with the prosecutors and what it takes to get the best possible deal when it comes to an access fraud device charge.

Also, we really have to look hard at the restitution to see if it's really fair to hold you responsible for the entire amount of the loss.

Especially if you were not part of every single scheme or every single conspiracy and didn't receive any of the money and didn't know the extent or the 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 need help or a loved one of yours 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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