Solicitation of Unauthorized Access Device or
Information Regarding an Application to Obtain an Access Device18 U.S.C.
This second statutory Subsection (a)(6) of 18 U.S.C. § 1029
effective September 13, 1994, as part of the Violent Crime Control and Law
Enforcement Act of 1994, Pub. L. No. 103-322, § 250007, 108 Stat. 1976.
primary conduct which this Subsection (a)(6) of 18 U.S.C. § 1029 is
to address is fraudulent "solicitation" or issuance of credit cards or other
access devices without the authorization of the card or device issuer.
For Federal jurisdiction, all 18 U.S.C. § 1029(a)(1)-(7) offenses must
"affect interstate or foreign commerce."]|
The legislative history of this second statutory Subsection (a)(6)
18 U.S.C. § 1029, at H.R. Rep. p. 102-242, 102d Cong., 2d Sess. (1992),
states that this Subsection (a)(6) is intended to prohibit "offering an
device, or selling information or an application to obtain an access device,
without the authorization of the issuer of the device."
An example of conduct to which this Subsection (a)(6) would apply
the prosecution previously obtained under the mail fraud statute, 18 U.S.C.
1341, in United States v. Zabawa, 39 F.3d 279 (10th Cir. 1994). In
case the defendants, in a fraudulent telemarketing scheme, notified 6,700
that they were "preapproved" to be issued a Visa card or Mastercard if they
send the schemers $100. The defendants were not authorized to issue any
cards and, in fact, no cards were actually issued to the victims. This type
case can now be addressed directly under this Subsection (a)(6) of 18 U.S.C.
§ 1029, although the mail or wire fraud statutes could still be used
address such a fraud in which the scheme to defraud is executed or furthered
through use of the United States Postal Service or interstate wiring.
[cited in USAM 9-49.000]