18 U.S.C. 1029 covers specified fraud involving access devices, such as certain payment-card numbers and account identifiers. The applicable subsection determines the conduct and maximum prison term; not every alleged credit card misuse fits the same offense. [1]
Identify the charged conduct
The statute separates counterfeit or unauthorized devices, possession thresholds, device-making equipment, and other conduct. Some provisions require an aggregate value during a one-year period. Knowledge, intent to defraud, and the required commerce connection must be proved where specified.
First-offense maximums commonly differ between ten and fifteen years depending on the paragraph. A subsequent qualifying conviction can raise the maximum to twenty years. Guidelines calculations, other counts, and the case facts affect the eventual sentence. [1]
Money consequences
Federal fine limits can reach the amounts supplied by section 3571, including an alternative tied to financial gain or loss when its conditions are met. Restitution and forfeiture are distinct from a fine and may also arise. [2]
Review the indictment, alleged devices, loss calculations, and account records carefully. A loss attributed to one compromised account should not be accepted as everyone’s loss without examining the relevant rules and proof. Identity-theft charges can have separate elements and consecutive sentencing consequences, so a section 1029 estimate alone may understate the total exposure.
Example: several numbers, different alleged conduct
Possessing a list of account numbers, using one to obtain goods, and manufacturing counterfeit devices can implicate different statutory paragraphs. Before estimating a sentence, identify what the government alleges each number or device was, whether it was unauthorized, and which quantity or value requirements the charged paragraph contains. A spreadsheet entry is not automatically a proven unauthorized access device.
Loss and restitution calculations also need records. Separate actual transactions, attempted charges, reimbursements, recoveries, and amounts attributed through relevant-conduct rules. A sentencing loss estimate can differ from the amount a particular victim ultimately claims.
If a plea agreement contains an agreed loss figure or forfeiture term, review those provisions before signing. A defendant may understand the prison maximum yet overlook a substantial financial obligation. Keep restitution, forfeiture, fines, and assessments in separate columns so it is clear what each payment represents and whether one legally affects another.
False identity information may raise Social Security number offenses. Financial exposure should be checked against federal fine rules.
Primary sources
- 18 U.S.C. § 1029: Fraud and related activity in connection with access devices
- 18 U.S.C. § 3571: Sentence of fine
Sources checked: October 31, 2026.