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1030

Definitions

"Access device" is defined at 18 U.S.C. § 1029(e)(1). Instead of using the term "credit card," or "debit/credit instrument," the term "access device" is used in the statute and is defined broadly as any "card, plate, code, account number, electronic serial number, mobile identification number, personal identification number, or other telecommunications service, equipment, or instrument identifier, or other means of account access that can be used, alone or in conjunction with another access device, to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds...." The only limitation, i.e., "other than a transfer originated solely by paper instrument," excludes activities such as passing forged checks.

"Counterfeit access device" is defined at 18 U.S.C. §  1029(e)(2) as "any access device that is counterfeit, fictitious, altered, or forged, or an identifiable component of an access device or a counterfeit access device. See United States v. McCormick, 72 F.3d 1404, 1407 (9th Cir. 1995) (credit card application containing false or inflated information is a counterfeit access device); United States v. Brannan, 898 F.2d 107, 109 (9th Cir. 1990), cert. denied, 498 U.S. 833 (1990) (causing the manufacture of credit cards based on fictitious information creates counterfeit access devices). See also H.R. Rep. No. 894, 98th Cong., 2d Sess. reprinted in 1984 U.S. Code Cong. & Ad.News (USCCAN) 3689, 3691 (any identifiable component . . . would fall within the definition of counterfeit access device. The Committee intends the term "component" to include incomplete access devices or counterfeit access devices, such as any mag strips, holograms, signature panels, microchips, and blank cards of so-called "white plastic.")

"Unauthorized access device" is defined at 18 U.S.C. §  1029(e)(3) as "any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud." See United States v. Gugino, 860 F.2d 546, 549 (2d Cir. 1988) (same device can be both unauthorized access device and counterfeit access device).

"Produce" is defined at 18 U.S.C. § 1029(e)(4) as including "design, alter, authenticate, duplicate, or assemble."

"Traffic" is defined at 18 U.S.C. § 1029(e)(5) as meaning to "transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of."

"Device-making equipment" is defined at 18 U.S.C. § 1029(e)6) as "any equipment, mechanism, or impression designed or primarily used for making an access device or a counterfeit access device."

"Credit card system member" is defined at the first subsection (e)(7) of 18 U.S.C. § 1029 [NOTE: two subsections are numbered as (e)(7)] as "a financial institution or other entity that is a credit card system, including an entity, whether affiliated with or identical to the credit card issuer, that is the sole member of a credit card system."

"Scanning receiver" is defined at the second subsection (e)(7) of 18 U.S.C. § 1029 as "a device or apparatus that can be used to intercept a wire or electronic communication."

[cited in USAM 9-49.000]