18 USC 1029 Credit Card Fraud: What You Need to Know About Access Device Charges

18 USC 1029 Credit Card Fraud: What You Need to Know About Access Device Charges

If your facing federal charges under 18 USC 1029, you need to understand what your up against. This statute covers credit card fraud and access device crimes, and the penalties can be devastating—we’re talking up to 20 years in federal prison for certain violations. The government takes these cases seriously, and they have vast resources to prosecute them.

The thing is, most people don’t realize how broad this law actually is untill their already charged. It’s not just about stolen credit cards anymore. Access devices include debit cards, account numbers, PINs, computer passwords, and even the equiptment used to make counterfeit cards. And irregardless of what you might think, you don’t have to actually use the card to be charged—just possessing 15 or more unauthorized access devices is enough.

What Is An Access Device Under Federal Law?

An access device is basically any card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equiptment, or instrument identifier that can be used to obtain money, goods, services, or any other thing of value. That’s a mouthful, but here’s what it means in plain english.

The statute defines access device more broadly then most people expect. It includes:

• Credit cards and debit cards (obviously)
• Account numbers and routing numbers
• Computer passwords and PINs
• Electronic serial numbers (ESNs) for phones
• Mobile identification numbers (MINs)
• Counterfeit card-making equiptment
• Card encoding devices
• Skimming devices

So basically, if it can be used to access an account or gain unauthorized entry to a financial system, the goverment can call it an access device. This is importent because the law doesn’t just cover traditional credit card fraud anymore—it’s evolved to cover all kinds of electronic fraud schemes.

One thing that suprises alot of defendants is that even if the device doesn’t work, it can still count. A counterfeit card that hasn’t been activated yet? Still an access device. An expired card? Same thing. The card doesn’t have to be functional for the statute to apply, which seems unfair but that’s how the courts have interpreted it.

The Elements of 18 USC 1029 Violations

The prosecution has to prove specific elements beyond a reasonable doubt to convict you under this statute. But their are actually multiple different types of violations under 18 USC 1029, and each one has it’s own set of elements. Let me break down the most common ones.

Subsection (a)(1): Producing, Using, or Trafficking in Counterfeit Access Devices

This is probly the most common charge. To convict under subsection (a)(1), the goverment must prove:

1. You knowingly produced, used, or trafficked in one or more counterfeit access devices
2. You did so with intent to defraud
3. The scheme affected interstate or foriegn commerce
4. The offense involved at least one access device

The “knowingly” requirement is crucial here. The prosecution has to show you knew the devices were counterfeit—you can’t just accidentally commit this crime. However, they don’t have to prove you knew every single detail of the law. Just that you knew what you was doing was wrong.

The interstate commerce element is usually easy for the goverment to prove. If the credit card company operates across state lines (which they all do), or if the transaction crossed state lines in any way, that’s usually enough. I’ve seen prosecutors argue that because Visa and Mastercard are national networks, any transaction involving them effects interstate commerce. And the courts usually buy that arguement.

Subsection (a)(2): Possessing 15 or More Unauthorized Access Devices

This is where alot of people get tripped up. You don’t have to use the cards to be charged—just possessing them is enough if you have 15 or more. The elements are:

1. You knowingly possessed 15 or more unauthorized access devices
2. The devices were counterfeit or unauthorized
3. You intended to defraud

The 15-device threshhold is a big deal. If you have 14 unauthorized cards, your facing a lesser charge under subsection (a)(3) with a maximum of 10 years. But if you have 15 or more, your looking at up to 20 years. That’s a huge diffrence for just one extra card.

Now here’s something intresting—prosecutors sometimes get creative with what counts as a “device.” I’ve saw cases where they counted each account number written on a piece of paper as a seperate device. Or where they counted both the physical card and the magnetic stripe data as two devices. It’s worth challenging this if the goverment is trying to inflate the count to reach the 15-device threshhold.

Subsection (a)(3): Possessing Fewer Than 15 Devices

If you have less then 15 unauthorized access devices, you can still be charged, but the maximum penalty is lower—10 years instead of 20. The elements are the same as subsection (a)(2), except the quantity is less than 15.

This might not seem like much of a difference, but it can be huge at sentencing. A 10-year max versus a 20-year max changes the entire calculus of whether to take a plea or go to trial. It also affects your guideline range under the federal sentencing guidelines.

Subsection (a)(5): Trafficking in Device-Making Equipment

This subsection targets the people who make or sell the equiptment used to create counterfeit cards. The elements are:

1. You knowingly possessed, used, or trafficked in a device-making equiptment
2. You intended the equiptment to be used to produce counterfeit access devices
3. The offense affected interstate or foriegn commerce

Device-making equiptment includes card embossers, laminators, magnetic stripe readers/writers, and hologram applicators. Basically anything that can be used to manufacture fake cards. And here’s the kicker—you don’t have to actually produce any counterfeit cards. Just having the equiptment with the intent to use it is enough.

The goverment often proves intent through circumstantial evidence. Do you have blank cards and a card embosser? Do you have stolen account data on your computer? Do you have instructions on how to make counterfeit cards? All of this can be used to show intent, even if you never actually made a single fake card.

Subsection (a)(6): Soliciting Access Devices

This one targets people who solicit or sell access devices issued to another person. The elements are:

1. You knowingly solicited or sold an access device
2. The device was issued to someone else
3. You intended to defraud

This subsection is often used in cases involving stolen credit card data sold on the dark web. Even if you never physicaly possess the cards, just selling the account numbers can violate this provision. I’ve seen cases where someone sold credit card data online and got charged under this subsection, even though they never touched an actual card.

The 15-Device Threshold: Why It Matters So Much

Let’s talk more about the 15-device threshold, because this is a huge issue in these cases. The diffrence between 14 devices and 15 devices is the diffrence between a 10-year maximum and a 20-year maximum. That’s why prosecutors fight so hard to get to 15, and why defense attorneys fight just as hard to keep it below 15.

Here’s where it gets tricky: what counts as a “device”? The statute doesn’t give a super clear definition, so courts have had to wrestle with this. Some courts have held that each account number is a seperate device, even if it’s just written on paper. Others have held that you need a physical card or electronic file that can actually be used to access an account.

I’ve saw cases where the goverment counted the same account number multiple times. For example, if you have a physical counterfeit card AND a digital file with that same account number, some prosecutors argue that’s two devices. Or if you have the account number written down in multiple places, they might count each instance as a seperate device. This is absurd, but it happens.

There’s also the question of whether damaged or non-functional devices count toward the 15-device threshold. The courts generally say yes—even if the card is expired or the account has been closed, it still counts as an access device. The rationale is that you possessed it with intent to defraud, even if it wouldn’t have worked.

So if your case is hovering around 14 or 15 devices, you need to carefully examine what the goverment is counting. Are they double-counting? Are they counting things that aren’t really access devices? Are they including devices that you didn’t actually possess? These are all issues worth fighting over, because the stakes are so high.

Penalties Under 18 USC 1029

The penalties for access device fraud vary depending on which subsection your charged under and wether you have any prior convictions. Let’s break it down.

Maximum Sentences

For most violations under 18 USC 1029, the maximum sentence is:

• First offense: Up to 10 years in federal prison
• Second or subsequent offense: Up to 20 years in federal prison
• 15 or more devices (first offense): Up to 20 years in federal prison

Notice how possessing 15 or more devices bumps you up to the 20-year maximum even on a first offense. That’s why the 15-device threshhold is so critical.

Now, these are the statutory maximums. Your actual sentence will depend on the federal sentencing guidelines, which take into account factors like the loss amount, the number of victims, your role in the offense, and your criminal history. But the statutory maximum sets the ceiling—the judge can’t sentence you above it regardless of what the guidelines say.

Federal Sentencing Guidelines

In reality, most defendants don’t get the maximum sentence. The court will calculate your sentence using the federal sentencing guidelines, which create a guideline range based on your offense level and criminal history category.

For access device fraud, the base offense level is 6 under USSG §2B1.1 (the fraud guideline). But then you add enhancements based on:

• Loss amount: This is the big one. The more loss involved, the higher the enhancement. For example, if the loss was more then $6,500 but less then $15,000, you add 2 levels. If it was more then $95,000 but less then $150,000, you add 10 levels. The enhancement goes all the way up to 30 levels for losses exceeding $550 million.
• Number of victims: If there were 10-49 victims, add 2 levels. 50 or more victims, add 4 levels. And so on.
• Sophisticated means: If the offense involved sophisticated means, add 2 levels. This often applies in access device cases involving skimming devices, malware, or complex schemes.
• Role in the offense: If you were an organizer or leader, add 2-4 levels. If you were a minor participant, subtract 2-4 levels.
• Abuse of position of trust: If you used a position of trust to commit the fraud, add 2 levels. This might apply if you were a bank employee who stole customer data.

After calculating the offense level and combining it with your criminal history category, the guidelines will give you a sentencing range. For example, if your total offense level is 18 and you have no criminal history (Category I), your guideline range is 27-33 months. But if your offense level is 26 with the same criminal history, your looking at 63-78 months.

Keep in mind that the guidelines are advisory, not mandatory. The judge can vary from them if there are good reasons. But in practice, most sentences are within or close to the guideline range.

Fines and Restitution

In addition to prison time, you can be ordered to pay fines and restitution. The maximum fine is the greater of:

• $250,000 for individuals ($500,000 for organizations), OR
• Twice the gross gain or gross loss from the offense

So if the fraud involved $1 million in losses, the judge could theoretically fine you $2 million. In practice, this rarely happens because most defendants don’t have that kind of money. But it’s possible.

Restitution is more common. The court will almost always order you to pay restitution to the victims for there actual losses. This is mandatory under the Mandatory Victims Restitution Act if there are identifiable victims who suffered losses. And unlike fines, you can’t discharge restitution in bankruptcy—it follows you for life.

Supervised Release

After you serve your prison sentence, you’ll be placed on supervised release for up to 3 years (or up to 5 years if the court determines the offense involved a minor victim or was a sex offense, but that’s rare in access device cases). During supervised release, you’ll have to comply with various conditions, which might include:

• Meeting regularly with a probation officer
• Restrictions on internet and computer use
• Prohibitions on possessing access devices
• Employment requirements
• Drug testing
• Travel restrictions

Violating the conditions of supervised release can send you back to prison, so it’s something to take seriously even after your released.

Common Defenses to 18 USC 1029 Charges

Just because your charged doesn’t mean your guilty. Their are several defenses that can be raised in access device fraud cases, depending on the facts. Let’s walk through the most common ones.

Lack of Knowledge

Remember, the statute requires that you “knowingly” committed the offense. If you didn’t know the devices were counterfeit or unauthorized, you can’t be convicted. This is one of the most common defenses in these cases.

For example, maybe someone gave you the cards and told you they were legitimate. Or maybe you bought merchandise online using what you thought was a valid payment method. If you didn’t know the access devices were fraudulent, that’s a defense.

The problem is proving lack of knowledge. The goverment will use circumstantial evidence to show you must have known. Did you buy the cards at a steep discount? Were they packaged suspiciously? Did you receive them through shady channels? All of this can be used to infer knowledge.

But if you can show you had a genuine belief the devices were legitimate, that can be a powerful defense. Maybe you kept reciepts showing you paid fair market value. Maybe you have communications showing you asked about legitimacy. Anything that demonstrates you didn’t know the devices were fraudulent can help.

Lack of Intent to Defraud

Even if you knowingly possessed counterfeit access devices, the goverment still has to prove you intended to defraud someone. If you possessed the devices for some other reason—maybe you were collecting them, or you were investigating fraud, or you were planning to turn them over to authorities—that could negate the intent element.

I’ll be honest, this defense is tough to pull off. Courts are skeptical of defendants who claim they possessed 15 counterfeit credit cards but had no intent to defraud. But in the right circumstances, it can work.

For example, maybe your a security researcher who obtained the devices to study fraud techniques. Or maybe your a journalist investigating credit card fraud. Or maybe you found the devices and were planning to report them to the police. If you can document your legitimate purpose, that could defeat the intent element.

Lack of Interstate Commerce

The statute requires that the offense affected interstate or foriegn commerce. In most cases this is easy for the goverment to prove, but not always. If the entire scheme was purely local and didn’t involve any interstate transactions, you might be able to argue the federal government doesn’t have jurisdiction.

This defense rarely works in access device cases, though. The courts have interpreted the interstate commerce requirement very broadly. Even if the cards were only used locally, if they were issued by a national bank or processed through a national network, that’s usually enough to establish interstate commerce.

Unlawful Search and Seizure

If the goverment obtained the evidence against you through an illegal search, you can file a motion to suppress that evidence. Under the Fourth Amendment, the police need a warrant to search you or your property, unless an exception applies.

Common Fourth Amendment issues in access device cases include:

• Warrantless searches: Did the police search your phone, computer, or car without a warrant? If so, was there a valid exception (like consent or exigent circumstances)?
• Defective warrants: If the police had a warrant, was it supported by probable cause? Did it describe with particularity what they were searching for?
• Exceeding the scope of the search: Did the police search areas or seize items not covered by the warrant?

If you can get key evidence suppressed, the goverment’s case might fall apart. For example, if the police found 20 counterfeit credit cards in your car during an illegal search, and that evidence gets suppressed, the goverment might not be able to prove the case.

Entrapment

If a goverment agent induced you to commit the crime when you otherwise wouldn’t have, you might have an entrapment defense. This comes up in undercover operations where an informant or agent convinces someone to participate in a fraud scheme.

To establish entrapment, you have to show two things:

1. The goverment induced you to commit the crime (not just provided an opportunity), AND
2. You were not predisposed to commit the crime

The predisposition element is where most entrapment defenses fail. If you had any prior involvement in similar crimes, or if you jumped at the opportunity without much persuasion, the court will find you were predisposed. But if the agent had to repeatedly pressure you and you initially refused, you might have a viable entrapment claim.

Insufficient Evidence

Sometimes the goverment just doesn’t have enough evidence to prove the case beyond a reasonable doubt. Maybe their relying on a shaky witness. Maybe the forensic evidence is inconclusive. Maybe there’s an innocent explanation for your possession of the devices.

In these cases, the best defense is simply to hold the goverment to its burden of proof. Make them prove every element beyond a reasonable doubt. If they can’t, you should be acquitted.

Specific Fact Patterns and How They’re Prosecuted

Access device fraud cases come in all shapes and sizes. Let me walk through some common scenarios and how their typically prosecuted.

Skimming Operations

Card skimming is one of the most common types of access device fraud. The defendant installs a device on an ATM or gas pump that captures card data when customers swipe their cards. The defendant then retrieves the device and uses the stolen data to create counterfeit cards.

These cases are usually charged under subsections (a)(1) (producing or using counterfeit devices) and (a)(5) (possessing device-making equiptment). The goverment will typically prove the case through:

• Surveillance video showing the defendant installing or retrieving the skimmer
• Forensic evidence from the skimming device showing it captured card data
• Counterfeit cards or card-making equiptment found in the defendant’s possession
• Financial records showing the defendant used the counterfeit cards or sold them

Defenses in skimming cases often focus on identity—was it really you on the surveillance video? Or they focus on knowledge—did you know the device was installed there? If someone else installed the skimmer and you just happened to retrieve it, you might argue you didn’t know what it was.

Dark Web Card Sales

Another common scenario involves buying or selling stolen credit card data on dark web marketplaces. The defendant might never physically possess a card, but instead traffics in account numbers, CVV codes, and expiration dates.

These cases are usually charged under subsection (a)(6) (soliciting or selling access devices) or subsection (a)(1) (trafficking in counterfeit devices). The goverment proves these cases through:

• Undercover purchases from the defendant’s dark web vendor account
• Records from the marketplace showing the defendant’s sales
• Bitcoin transactions traced to the defendant
• Digital evidence from the defendant’s computer showing stolen card data

Defenses in dark web cases often challenge the identity issue—can the goverment prove you were the one operating that vendor account? They’ll also challenge the reliability of the digital evidence—was the computer really yours? Could someone else have accessed it?

Insider Theft from Retailers or Restaurants

In these cases, an employee steals customer card data while working at a restaurant, retail store, or other business. The employee might skim cards manually, or install malware on the point-of-sale system, or simply write down card numbers.

These cases are typically charged under subsection (a)(2) or (a)(3) (possessing unauthorized access devices). The goverment will prove the case through:

• Evidence that the defendant had access to the payment systems
• Card data found in the defendant’s possession that matches customers who visited the business
• Witness testimony from coworkers or managers
• Security camera footage

Defenses often focus on the enhancement for abuse of position of trust—the sentencing guidelines add 2 levels if you abused a position of trust. But courts don’t always agree that a restaurant server or retail clerk is in a “position of trust” for these purposes. This is worth arguing because it can make a significant diffrence in the sentence.

Phishing and Social Engineering

In phishing schemes, the defendant sends fraudulent emails or texts pretending to be from a bank or other company, tricking victims into providing their card information. This is sometimes combined with social engineering, where the defendant calls victims and impersonates a bank representative.

These cases are charged under subsections (a)(1), (a)(2), or (a)(6), depending on what the defendant did with the stolen data. The goverment proves these cases through:

• Copies of the phishing emails or text messages
• Phone records showing calls to victims
• Victim testimony about the scam
• Evidence of the defendant using the stolen card data

Defenses might focus on whether the defendant was actually the one who sent the phishing messages or made the calls. IP address evidence can be challenged—can the goverment prove it was you and not someone else using your computer or phone?

The Investigation and Arrest Process

Understanding how these cases are investigated can help you protect your rights. Here’s what typically happens.

How the Government Discovers Access Device Fraud

The investigation usually starts in one of several ways:

• Bank or credit card company reports: When a bank detects unusual activity or fraud patterns, they report it to law enforcement. This is especially common in large-scale fraud schemes.
• Victim complaints: Individual victims report that their cards were used fraudulently, and law enforcement traces the fraud back to a common source.
• Undercover operations: Federal agents pose as buyers or sellers on dark web marketplaces and identify defendants who are trafficking in stolen card data.
• Informants: Someone involved in the fraud cooperates with law enforcement in exchange for leniency.
• Task force operations: Multi-agency task forces focused on financial crimes conduct sweeps targeting known fraud operations.

Once the investigation begins, agents will use a variety of techniques to build the case, including surveillance, search warrants for digital evidence, financial analysis, and interviews with witnesses and victims.

Search Warrants and Electronic Evidence

In access device fraud cases, the goverment will almost always seek search warrants for your electronic devices—phones, computers, tablets, USB drives, etc. They’re looking for:

• Stolen card data stored in files
• Communications with co-conspirators
• Evidence of dark web marketplace activity
• Card-making software or tutorials
• Financial records showing proceeds from the fraud

This is where Fourth Amendment issues often arise. Did the agents have probable cause for the warrant? Did the warrant adequately describe what they were searching for? Did they exceed the scope of the warrant?

One common issue is whether the goverment can search your entire phone or computer, or only specific files related to the fraud. Courts are split on this, but the trend is toward requiring more particularity—the warrant should specify what files or data the agents are looking for, not just authorize a wholesale seizure of every file on the device.

Arrest and Initial Appearance

If your arrested, you’ll be taken to a federal courthouse for an initial appearance before a magistrate judge. At this hearing, the judge will:

• Inform you of the charges against you
• Inform you of your rights (including the right to remain silent and the right to an attorney)
• Determine whether you should be released on bond or detained pending trial
• Appoint an attorney if you can’t afford one

The detention hearing is critical. In access device fraud cases, the goverment sometimes argues for detention based on risk of flight or danger to the community. But most defendants in these cases are released on bond, often with conditions like electronic monitoring, travel restrictions, or prohibitions on computer use.

Working With Your Attorney

If your charged with access device fraud, you need an experienced federal criminal defense attorney. Here’s what to look for and how to work with them effectively.

Finding the Right Attorney

Not all criminal defense attorneys are qualified to handle federal access device fraud cases. You want someone who:

• Has experience with federal cases (not just state cases)
• Understands the federal sentencing guidelines
• Is familiar with computer fraud and digital evidence
• Has relationships with federal prosecutors and judges in your district
• Has taken federal fraud cases to trial (not just negotiated pleas)

Ask potential attorneys about their experience with 18 USC 1029 cases specifically. How many have they handled? What were the outcomes? Do they have any trial experience in these types of cases?

What to Tell Your Attorney

Your conversations with your attorney are protected by attorney-client privilege, so you need to be completely honest with them. Tell them everything, even if it’s embarassing or incriminating. They can’t defend you effectively if they don’t know the full story.

Be prepared to explain:

• How you came into possession of the access devices
• What you intended to do with them (if anything)
• Who else was involved
• What you told the police (if anything)
• What evidence the goverment might have against you
• Your financial situation and ability to pay restitution

Your attorney will use this information to assess the strength of the goverment’s case and develop a defense strategy. They might also use it to negotiate a better plea deal if that’s the best option.

Plea Negotiations vs. Going to Trial

Most federal cases end in plea bargains, not trials. The conviction rate at trial in federal court is over 90%, so going to trial is a significant risk. But that doesn’t mean you should automatically take a plea—it depends on the strength of the goverment’s evidence and what kind of deal their offering.

Your attorney will help you evaluate whether to plead guilty or go to trial. Factors to consider include:

• How strong is the goverment’s evidence? Do they have you on video? Do they have your fingerprints on the devices? Did you confess?
• Are there viable defenses? Can you suppress key evidence? Can you challenge the goverment’s proof of knowledge or intent?
• What is the plea offer? Are they offering to dismiss some counts? Are they agreeing to a specific sentencing recommendation?
• What are the sentencing consequences of pleading guilty vs. being convicted at trial? Sometimes the goverment will agree to recommend a lower sentence if you plead, or they might agree not to seek certain enhancements.
• Do you have a prior criminal record? If so, the stakes are higher because a conviction will result in a longer sentence.

If you do decide to plead guilty, make sure you understand exactly what your pleading to and what the sentencing consequences will be. The plea agreement should spell out what charges your pleading to, what the maximum sentence is, what the guideline range is (or at least how it will be calculated), and what (if any) sentencing recommendations the goverment will make.

What Happens After Conviction?

If your convicted—whether by plea or trial—the next step is sentencing. This usually happens 60-90 days after conviction.

The Presentence Investigation Report

Before sentencing, a probation officer will prepare a presentence investigation report (PSR). This report will include:

• A summary of the offense conduct
• A calculation of the guideline sentencing range
• Your criminal history
• Your personal background (family, education, employment, health)
• A victim impact statement (if applicable)
• A recommendation for the sentence

You and your attorney will have the opportunity to review the PSR and object to any factual inaccuracies or guideline calculations. This is critical because the PSR often forms the basis for the judge’s sentencing decision.

Common objections in access device fraud cases include:

• Challenging the loss amount calculation (which drives the offense level)
• Challenging the number of victims
• Objecting to the sophisticated means enhancement
• Arguing for a minor role reduction
• Disputing any upward departures or enhancements

Make sure your attorney carefully reviews the PSR and raises all appropriate objections. Once the judge adopts the PSR’s findings, it’s very difficult to challenge them on appeal.

The Sentencing Hearing

At the sentencing hearing, both sides will have the opportunity to present evidence and arguments about what the sentence should be. The goverment will typically argue for a sentence at or near the top of the guideline range, emphasizing the seriousness of the offense and the need for deterrence. Your attorney will argue for a lower sentence, emphasizing mitigating factors like:

• Acceptance of responsibility
• Lack of criminal history
• Family circumstances and responsibilities
• Employment and community ties
• Mental health or substance abuse issues
• Cooperation with the investigation

You’ll also have the opportunity to make a statement to the judge. This is your chance to show remorse, explain what happened, and ask for leniency. Be sincere, take responsibility, and don’t make excuses.

After hearing from both sides, the judge will determine the sentence. The judge has to calculate the guideline range, but can vary from it if there are compelling reasons. The judge will also order restitution and determine the conditions of supervised release.

Appeals

If your convicted at trial, you have the right to appeal. You must file a notice of appeal within 14 days of the judgment. On appeal, you can challenge legal errors that occured during trial, such as:

• Evidentiary rulings (e.g., the judge allowed evidence that should have been excluded)
• Jury instructions (e.g., the judge gave incorrect instructions on an element of the offense)
• Sufficiency of the evidence (e.g., no reasonable jury could have found you guilty)
• Constitutional violations (e.g., your Fourth Amendment rights were violated)

You can also appeal the sentence, but the standard of review is much more deferential. The appeals court will only reverse the sentence if it was “unreasonable” or based on clear legal error.

If you plead guilty, your appeal rights are more limited. Typically, you waive most appeal rights as part of the plea agreement. But you can usually still appeal the sentence if it exceeded the statutory maximum or was based on an unconstitutional factor (like race).

Collateral Consequences of a Conviction

Beyond the prison time and fines, a federal conviction for access device fraud can have serious long-term consequences.

Employment

A federal fraud conviction will make it very difficult to find employment, especially in fields involving finance, technology, or positions of trust. Many employers conduct background checks, and a fraud conviction is a major red flag.

You’ll also be barred from certain professions entirely. For example, if you have a securities license or other professional license, you’ll likely lose it after a fraud conviction. And you won’t be able to work in certain government jobs or positions that require security clearance.

Immigration Consequences

If your not a U.S. citizen, a fraud conviction can result in deportation. Access device fraud is considered a crime involving moral turpitude, and convictions for such crimes can make you deportable or inadmissible.

Before pleading guilty, make sure you consult with an immigration attorney if your a non-citizen. Sometimes it’s worth going to trial and risking a longer sentence rather than taking a plea that will result in automatic deportation.

Financial Consequences

The restitution order will follow you for life and cannot be discharged in bankruptcy. If you don’t pay it, the goverment can garnish your wages, seize your tax refunds, or place liens on your property.

A fraud conviction will also make it difficult to obtain credit, loans, or mortgages. Banks and lenders are understandably wary of extending credit to someone convicted of financial fraud.

Civil Liability

In addition to the criminal case, you might face civil lawsuits from the victims of the fraud. They can sue you for damages, and if they win, they can obtain a judgment that they can enforce through wage garnishment or asset seizure.

Some victims might also pursue claims under state law for conversion, fraud, or other torts. These cases are separate from the criminal case and the restitution order, so you could end up owing money in multiple forums.

Conclusion

Federal charges under 18 USC 1029 are serious business. With penalties up to 20 years in prison, substantial fines, and lifelong restitution obligations, these cases can upend your life. But their not unwinnable. With the right attorney and a solid defense strategy, you might be able to get the charges dismissed, win at trial, or negotiate a favorable plea deal.

The most importent thing is to act quickly. Don’t talk to the police without an attorney. Don’t try to hide or destroy evidence—that will only make things worse. And don’t assume your case is hopeless just because the goverment has strong evidence. There are always defenses to explore and arguments to make.

If your facing 18 USC 1029 charges, find an experienced federal criminal defense attorney who understands access device fraud cases. They can review the evidence, identify weaknesses in the goverment’s case, and fight to protect your rights and your freedom.