Rapid technological advancements have made our credit card and personal information more vulnerable to theft and unauthorized use online and through other means. Both federal and state laws address various forms of credit card and access device crimes in Pennsylvania. Have the police charged you with credit card or access device crimes? If so, contact me to discuss credit card and access device crimes defense strategies to get your case dismissed.

The Consequences of a Credit Card Crime Conviction

Individuals convicted of credit card fraud in state or federal court may face years in prison, along with significant fines, court costs and restitution. A conviction for a credit card fraud crime can negatively impact almost every aspect of your life, including your personal, professional and financial opportunities.

For that reason, it is critical to have a highly experienced credit card defense lawyer on your side if you are charged with a credit card fraud crime.

Credit Card Defense Attorney

I have over a decade of experience providing skilled and aggressive representation to individuals facing credit card fraud charges in Bucks County, Montgomery County, Delaware County, Chester County, Philadelphia County, and nearby counties.

Contact me at (215) 752-5282 for a free initial consultation or fill out the confidential contact form for an immediate response. Appointments are available after business hours and on weekends.

Types of Credit Pennsylvania Credit Card Crimes

Illegal Possession or Use of a Skimming Device

Under the Pennsylvania skimming device law, it is illegal for an individual to fraudulently possess, use, transfer, deliver, or sell a device designed to access, read, obtain, memorialize, or store information from the magnetic stripe or other storage mechanism of a payment card.

Under the law, a payment card includes a credit card, charge card, debit card, or another card that is issued to an authorized card user to purchase or obtain goods, services, money or other items of value.

Penalties for Illegal Possession or Use of a Skimming Device

1st offense
- 3rd degree felony
- Up to 7 years in prison
- Up to $15,000 in fines

2nd or subsequent offenses
- 2nd degree felony
- Up to 10 years in prison
- Up to $25,000 in fines

Access Device Fraud Law in Pennsylvania

Pennsylvania’s access device fraud law prohibits a broad range of conduct, including the use of an access device to acquire property or services or in an attempt to obtain property or services, trafficking in illegal access devices, and the possession of unlawful access devices.

The PA access device fraud law is defined as:

A person commits access device fraud if they:
1. Use an access device to obtain or in an attempt to acquire property or services with the knowledge that:
  - The access device is counterfeit, altered, or incomplete or
  - The access device was issued to another person who has not authorized its use or
  - The access device has been revoked or canceled or
  - For any other reason that their use of the access device is unauthorized by the user, device holder or
2. Publishes, makes, sells, gives or otherwise transfers to another, or offers or advertises or aids and abets any other person to use an access device knowing that the access device is counterfeit, altered or incomplete, belongs to another person who has not authorized its use, has been revoked or canceled or for any reason is unauthorized by the issuer of the device holder or
3. Possesses an access device knowing that it is counterfeit, altered, incomplete, or belongs to another person who has not authorized its possession

What Qualifies as an Access Device under Pennsylvania Law?

The statutory definition of access device is broad and includes a credit card, debit card, automated teller machine (ATM) card, plate codes, account numbers, personal identification numbers or other means of accessing a person’s account alone or in combination with another access device to obtain money, goods, services or anything else of value or that can be used to transfer funds.

Knowledge of Fraud if You Possess Two or More Counterfeit Access Device Cards

Pennsylvania’s access device statute establishes a presumption that the accused was aware that an access device was counterfeit, altered or incomplete if 2 or more illegal devices are found in his or her possession.

The statute also establishes a presumption that the accused shall be considered to have knowledge that an access device, usually a credit card, has been revoked or cancelled seven days after it has been mailed to the lawful owner of the access device at the last address provided to the issuer of the credit card or other access device.

Examples of Pennsylvania Access Device Crimes

Credit card crimes can be prosecuted in state or federal court. Federal credit card fraud charges are more likely to be filed if the crimes involved the use of the mail or internet or if the offenses took place across state lines. The following are examples of commonly prosecuted credit card fraud crimes:

Using the credit card of another to make purchases without authorization
Using the ATM or bank card of another to withdraw funds without authorization
Manufacturing and trafficking fraudulent credit cards
Credit card application fraud
Using a skimming device to obtain credit card numbers
Distributing stolen credit card numbers to others
Employee use of a credit card without the permission of the customer or employer

Penalty for Credit Card Fraud

The penalties for access device fraud vary and depend on the value of the property or services obtained or sought to be obtained using the device, whether the devices were being transferred to others and whether the alleged crime occurred as a single event or as part of a course of conduct.

The penalties for access device fraud will be more severe if the accused has a significant record of previous criminal convictions.

Course of Conduct Access Device Fraud Cases

When a course of conduct is alleged as part of the access device crime, the law permits the prosecutor to grade the offense based on the total value of the property or services sought or obtained.

As a consequence, course of conduct access device crimes will often be charged as a felony offense resulting in the potential for a much longer prison sentence upon conviction.

What Does Course of Conduct Mean?

A course of conduct is defined as a series of 2 or more acts demonstrating the same continuing criminal purpose. An example of a course of conduct crime in a credit card fraud case would be the unauthorized use of credit cards to make purchases at multiple online stores on the same day or week.

The police may mistakenly increase the grading of your offense based on a course of conduct theory when the alleged crime is actually a single event.

As an experienced credit card fraud defense attorney, I will examine the evidence in your case to determine if the allegations made by the police are legally sufficient to establish a course of conduct.

Penalties for Use of an Illegal Access Device to Obtain Goods and Services

Individuals convicted of using an access device to acquire or attempt to acquire property or services with:

Knowledge that the access device is counterfeit, altered or incomplete, or
With knowledge that the access device has been issued to another person who has not authorized its use, or
With knowledge that the access device has been revoked or cancelled or
With knowledge that the use of the access device is unauthorized or that their use is otherwise unauthorized face the following penalties:

Value of property or services sought is $500 or more

3rd degree felony
Up to 7 years in prison
Up to $15,000 in fines

Value of property or services sought is $50 or more but less than $500

1st degree misdemeanor
Up to 5 years in prison
Up to $10,000 in fines

Value of property or services sought is less than $50

2nd degree misdemeanor
Up to 2 years in prison
Up to $5,000 in fines

Penalties for Trafficking in Illegal Access Devices

Individuals convicted of selling, transferring, offering, advertising or otherwise assisting others in the use of access devices knowing that the access devices are altered, incomplete, revoked or canceled, or that the access devices belong to other individuals who have not authorized their use, face the following penalties:

3rd degree felony
Up to 7 years in prison
Up to $15,000 in fines

Penalties for Possessing an Illegal Access Device

Individuals convicted of possessing an access device with knowledge that the device is counterfeit, altered or incomplete, or that the access device belongs to another person who has not authorized its use, face the following penalties:

3rd degree misdemeanor
Up to 1 year in jail
Up to $2,000 in fines

Building the Best Access Device Fraud Defense

Federal and state credit card laws can be complex and highly technical. It is extremely important to hire an experienced criminal defense attorney as early as possible in a credit card fraud case, even if you are only under investigation and not yet formally charged with a crime.

In many cases, I have chosen to retain an independent defense investigator to begin the process of building a defense against the charges in the pre-arrest or pre-indictment stage of the case. I will review the particular facts of your case to determine the most effective legal strategy to use.

Cutting Edge Access Device Fraud Defense

I have a thorough understanding of federal and state credit card fraud laws as well as all potential defenses. I have defended individuals facing complex credit card fraud cases as well as more common cases involving the unauthorized use of a credit card or bank card by a family member.

In complex cases, I have used experts in the fields of forensic accounting and forensic computer analysis to conduct pre-trial examinations of prosecution’s evidence. In certain cases, defense experts can present testimony during the trial to successfully rebut the prosecutor’s evidence and establish the innocence of the accused.

Common Defenses in Access Device Fraud Cases

I will extensively examine the facts and circumstances of your case to determine the most effective available defense strategy. In some cases, I have been able to achieve an acquittal of the charges by establishing that the accused mistakenly believed that the cardholder had authorized the usage of the credit card or other access device. In other cases, the most beneficial legal strategy might involve negotiating with the prosecutor for a plea bargain to reduced charges and decreased penalties.

Restitution in Access Device Fraud Cases

Individuals convicted of access device fraud charges are often ordered by the court to pay excessive amounts of restitution as a condition of their sentence. Many people find it extremely difficult to put their lives back on track when they are faced with paying thousands of dollars in court-ordered restitution.

In many cases, the prosecutor’s request for restitution may be inflated due to incomplete or inaccurate information provided by the crime victim. In other cases, the prosecutor may request restitution for entities or individuals who are not legally entitled to restitution under the law.

Challenging the Restitution Amount

I understand the burden that an excessive restitution obligation can place on an individual’s efforts to turn his or her life around after a conviction. I am highly experienced in analyzing the accuracy of restitution requests in cases involving financial crimes.

When necessary, I will retain the appropriate forensic expert examine the prosecutor’s restitution request to ensure the requested amount is accurate and otherwise legal. These experts can be used in court to testify for the defense at a restitution hearing if the prosecutor’s restitution request is excessive and unlawful.

Credit Card Fraud Defense Lawyer

If you have been charged with credit card fraud in Bucks County, Montgomery County or the surrounding counties, it is critical that you act quickly to protect your rights and build the strongest possible defense against the charges. Phone lines are open 24 hours a day at (215) 752-5282. Call today for a free initial consultation or fill out the confidential contact form for an immediate response.

Credit Card and Access Device Crimes Defense