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Federal- Counterfeit Credit Cards

Statute
18 USC 1029(a)(1). Fraud in Connection with Counterfeit Credit Cards or Other Access Devices

  1. Whoever—
    1. knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices;
    2. shall be guilty of an offense against the United States if the offense affects interstate or foreign commerce.

Jury Instruction
The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt :

  1. That the Defendant knowingly produced, used or trafficked in a counterfeit access device;
  2. That the Defendant so acted willfully with knowledge of the counterfeit nature of the access device, and with the intent of defrauding or deceiving, as charged; and
  3. The Defendant’s conduct affected interstate or foreign commerce.

The term “access device” means any credit card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other means of account access that can be used, alone or in conjunction with another device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds (other than a transfer originated solely by paper instrument).

The term “counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device.

The term “produced” includes the design, alteration, authentication, duplication, or assembly of a counterfeit access device.

The term “used” includes any effort to obtain money, goods, services, or any other thing of value, or to initiate a transfer of funds with a counterfeit access device.

The term “trafficked in” means the transfer or other disposal of, a counterfeit access device to another, or the possession or control of a counterfeit access device with the intent to transfer or dispose of it to another.

To act with “intent to defraud” means to act with the specific intent to deceive or cheat, ordinarily for the purpose of causing some financial loss to another or bringing about some financial gain to one’s self.

The essence of the offense is the willful use of a counterfeit access device with intent to defraud, and it is not necessary to prove that anyone was in fact deceived or defrauded.

While it is not necessary to prove that the Defendant specifically intended to interfere with or affect interstate commerce, the Government must prove that the natural consequences of the acts alleged in the indictment would be to affect “interstate commerce,” which means the flow of commerce or business activities between two or more states. If you find beyond a reasonable doubt that the device was used to order goods from another state or the device was used to purpose goods manufactured outside of this state, you may find that the requisite affect upon interstate commerce has been proved.