Federal Credit Card Fraud – 18 U.S.C. § 1029

Understanding Federal Credit Card Fraud

Definition of Federal Credit Card Fraud

In simple terms, federal credit card fraud involves unlawfully using a credit card, debit card, or account information, usually to obtain money, services, or goods. Under 18 U.S.C. § 1029, fraud doesn’t need to involve a physical card. Just having someone’s card number and using it without permission may be enough for charges.

This law covers a range of offenses: producing fake cards, using stolen numbers, or even trafficking in card-making equipment. If there is an intent to defraud and the crime affects interstate or foreign commerce, it’s federal.

Key Provisions of 18 U.S.C. § 1029

18 U.S.C. § 1029 breaks down federal credit card fraud into multiple offenses. Some examples include:

 

• Producing or using counterfeit cards
• Possessing unauthorized devices
• Selling stolen access information
• Using skimming tools to capture data

 

Each offense under 18 U.S.C. § 1029 carries its own penalties, and those can stack up if you are charged with multiple violations.

Difference Between Federal and State Credit Card Fraud

State-level fraud usually involves smaller-scale activity or limited impact. But if your case involves multiple states, large sums, or complex digital tools, it can quickly become a federal matter. Federal investigators, such as the Secret Service or the FBI, may get involved. Once they do, it’s no longer a minor issue. In that case, the penalties are stricter, investigations are broader, and court procedures are different. That’s why working with a Los Angeles criminal defense lawyer who understands the federal system is very important.

Common Types of Federal Credit Card Fraud

Unauthorized Use of Credit Cards

This includes using someone’s card without their permission, even if it’s a one-time use. If it affects interstate commerce or involves electronic networks, federal charges can apply. Even using someone else’s number online for purchases can fall under 18 U.S.C. § 1029.

Credit Card Counterfeiting and Skimming

Counterfeiting happens when someone alters or creates a fake card or magnetic stripe to access funds. Skimming involves copying data from a real card using hidden devices, often at ATMs or gas stations. Both are common in larger fraud rings and usually result in multiple charges.

Identity Theft and Related Fraud Schemes

Identity theft goes hand in hand with federal credit card fraud. Someone may open accounts in another person’s name, max out their credit, and disappear. These cases often involve fake documents, online scams, or data breaches. Federal agencies investigate these cases due to the broader impact.

Legal Consequences of Federal Credit Card Fraud

Criminal Penalties and Sentencing Guidelines

Depending on the situation, violations of 18 U.S.C. § 1029 can result in a maximum sentence of 10 or even 20 years in federal prison. The sentence may be increased by elements such as repeated offenses, device use, or losses that surpass a predetermined threshold. Judges consider several factors before determining your fate because the federal system also employs sentencing guidelines.

Fines and Restitution

Besides prison, you could face heavy fines up to $250,000 per offense. Courts also often order restitution, meaning you must repay victims. That amount depends on how much money or data was stolen.

Long-Term Effects on Criminal Record and Credit

Even if you avoid jail, a conviction stays with you. A federal felony record affects job applications, housing, immigration, and financial trust. Your credit score can take a hit, and rebuilding it can take years. That’s why fighting the charge early, before conviction, matters.

How to Defend Against Federal Credit Card Fraud Charges

Investigating Evidence and Case Details

Every strong defense starts with a deep review of the evidence. A good Los Angeles criminal defense lawyer will look at how the investigation was done, whether digital forensics were flawed, and whether your rights were violated during search or seizure.

Common Defense Strategies

There are several ways to fight federal credit card fraud charges, depending on the facts. Some cases involve mistaken identity or unauthorized access by someone else. Others may rest on weak evidence or improper use of surveillance tools. You may also argue a lack of intent or knowledge, especially if someone else had access to your devices or accounts.

When to Consult a Los Angeles Criminal Defense Lawyer

The moment you learn you’re being investigated or charged, you should reach out. Federal cases move fast. The sooner you work with a Los Angeles criminal defense lawyer, the better your chances of protecting your rights, preparing your case, and avoiding irreversible outcomes.

Why Choose DCD LAW for Federal Credit Card Fraud Defense

Extensive Experience with 18 U.S.C. § 1029 Cases

At DCD LAW, we have handled several 18 U.S.C. § 1029 cases, from minor unauthorized use charges to complex federal indictments. Our team understands how these cases work, from pre-charge negotiations to trial.

Strategic Defense Planning for Federal Charges

Every client and every case is different. That’s why we don’t use a one-size-fits-all approach. We examine the details, challenge weak evidence, and develop a plan that fits the facts and protects you.

Protecting Clients Across Los Angeles

Our attorneys work across Los Angeles courts and know how to deal with federal prosecutors. If you’re up against federal charges, you don’t want a generalist. You want a team that’s prepared, experienced, and focused on defending your future.