The Common Types of ATM Fraud

 Posted on April 23, 2020 in Fraud

ATM fraud is sometimes considered a state crime, but it is often charged on the federal level because banks are federally regulated and typically suffer harm as a result of the fraud. Other charges also often accompany charges of ATM fraud, including wire fraud, identity theft, larceny, bank fraud, and credit card fraud. To avoid a conviction for any of these charges, and for ATM fraud, it is always important to speak to a federal criminal defense lawyer that can help.

Types of ATM Fraud

There are many different ways to commit ATM fraud. The most common types of ATM fraud include:

• Stealing from an ATM machine: This crime involves actually breaking into an ATM machine and stealing the money inside.
• Stealing an ATM machine: Due to the fact that there are often many cameras in the area of ATM machines, some people remove them completely to break into them in another location.
• Card skimming: Skimmers are very small machines that are placed into an ATM. When a user places their card into the machine, the skimmer will read all of the information on that card, and record the PIN number the user enters. Then a person can either create a copy of the card because the information was stolen, or use the information to make fraudulent purchases.
• Withdrawal fraud: This offense involves depositing checks into an ATM that will not clear. The checks can be connected with a valid bank account that does not have any funds in it, or an account that was opened just for this purpose. Due to the fact that it will take several days for the bank to realize the checks did not clear, but the amount of them is posted to another bank account, a person can then go to an ATM and pull out the funds they know will never be there.
• Stealing an ATM card: There are two ways this offense can occur. The first is when a person simply steals another person’s bank card. The second is when a device is placed into the ATM that will not return the person’s card. In this second scenario, a co-conspirator may tell the person to try entering their PIN again so they can watch and know what that number is.

No matter the type of ATM fraud committed, they all come with serious consequences for those convicted.

Penalties for ATM Fraud

The penalties for ATM fraud will vary depending on the type of crime committed and the amount of money stolen as a result of the offense. However, all of the above offenses will carry long jail sentences and high fines. A conviction for bank fraud carries penalties of up to 30 years in federal prison and up to $1 million in fines.

Our Federal Criminal Defense Lawyer in Illinois can Help with Your Case

If you are facing charges of ATM fraud, call our skilled Chicago federal criminal defense lawyer at the Law Offices of Hal M. Garfinkel. Attorney Garfinkel knows there are defenses to these charges and how to use them to give you the best chance of a positive outcome. Call him today at 312-629-0669 to schedule a free consultation and to learn more about how he can help your case.

Source:

https://www.law.cornell.edu/uscode/text/18/1028