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Possession of an Unauthorized or Counterfeit Access Device

Discuss Your Legal Options with an Experienced Miami White Collar Crimes Lawyer

Possession of an unauthorized or counterfeit access device is a charge that generally accompanies certain federal charges of fraud or aggravated identity theft.

Under Federal Statute 18 U.S.C. 1029, it is unlawful for an individual to commit the following acts:

  • Produces, uses, or traffics in one or more counterfeit access devices knowingly and with intent to defraud;
  • Traffics in or uses one or more unauthorized access devices knowingly and with intent to defraud during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period;
  • Possesses 15 or more devices knowingly and with intent to defraud which are counterfeit or unauthorized access devices;
  • Produces, traffics in, has control or custody of, or possesses device making equipment knowingly and with intent to defraud;
  • Effects transactions with one or more access devices issued to another person or persons knowingly and with intent to defraud to receive payment or any other thing of value during any one-year period, the aggregate value of which is equal to or greater than $1,000;
  • Without the authorization of the issuer of an access device, knowingly and with intent to defraud solicits a person by offering an access device or sells information regarding an access device;
  • Produces, uses, or traffics in, has control or custody of, or possesses a telecommunications instrument knowingly and with intent to defraud that has been modified or altered to obtain unauthorized use of telecommunication services;
  • Produces, traffics in, has control or custody of, or possesses a scanning receiver knowingly and with intent to defraud;
  • Produces, traffics in, has control or custody of, or possesses hardware or software, knowing it has been configured to insert or modify telecommunication identifying information associated with or contained in a telecommunications instrument so that such instrument may be used to obtain telecommunication services without authorization; or
  • Knowingly and with intent to defraud causes or arranges for another person to present to a member or its agent for payment one or more records of transactions made by an access device without the authorization of the credit card system or its agent.

Contact Hubbs Law Firm online or by phone at (305) 570-4802 for a free consultation with one of our Miami white collar crime lawyers today. We can help you understand and fight to protect your legal rights.

Definitions of Unauthorized or Counterfeit Access Device

Most individual have never heard the term “access device.” An “access device” is defined under federal law as “any card, plate, code, account number, electronic serial number, mobile identification number, telecommunications service, personal identification number, equipment, instrument identifier, or other means of account access that can be used to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds.”

“Unauthorized access device” means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud.

“Counterfeit access device” means any access device that is counterfeit, fictitious, altered, or forged.

Contact Hubbs Law Firm for a Free Consultation

If you were arrested for any crime related to possession of an unauthorized or counterfeit access device in Miami or the nearby areas, it is important you contact a law firm with aggressive criminal defense attorneys. Hubbs Law Firm’s attorneys, E.J. and Erika Hubbs, have handled thousands of criminal cases in their career and can aggressively defend you against prosecution by the federal government. In addition, E.J. Hubbs is Board Certified in Criminal Trial Law by the Florida Bar based on his completion of strict requirements of board certification.

Our firm handles all types of federal white collar crimes cases, including possession of an unauthorized or counterfeit access device, in South Florida, including Miami-Dade County, Broward County, Monroe County, and Palm Beach County.

Elements for Possession of an Unauthorized or Counterfeit Access Device

To prove the crime of possession of a counterfeit access device, the U.S. government is required to prove the following elements beyond a reasonable doubt:

  • The defendant knowingly trafficked in, used, or produced a counterfeit access device
  • The defendant acted with the intent to defraud and knew the access device was counterfeit
  • The defendant’s conduct affected interstate or foreign commerce

To prove the crime of possession of an unauthorized access device, the U.S. Government is required to prove the following elements beyond a reasonable doubt:

  • The defendant knowingly trafficked in or used an unauthorized access device
  • The defendant acted with the intent to defraud
  • The defendant’s conduct affected interstate or foreign commerce
  • During a 12-month period, the defendant obtained a thing or things of value totaling a $1,000 or more in value

Penalties for Possession of an Unauthorized or Counterfeit Access Device

The penalties for possession of an unauthorized or counterfeit access device depend on the specific facts of your case. Maximum penalties for this charge range from 10-20 years depending on the amount of access devices, amount of money derived from the use of access devices, and the defendant’s criminal record.

In addition to incarceration, if you are not a United States citizen, you may subject yourself to deportation upon a conviction for possession of an unauthorized or counterfeit access device.

Find an Attorney for Possession of an Unauthorized or Counterfeit Access Device in Miami

If you were federally charged with possession of an unauthorized or counterfeit access device, you need legal advice today. Hubbs Law Firm’s attorneys, Erika and E.J. Hubbs, are both former prosecutors with substantial trial experience. They can thoroughly evaluate your case, notify you of potential legal defenses, and help fight your case against the federal government.

Our firm defends clients charged with all types of federal crimes in all areas of South Florida, including Miami-Dade County, Broward County, Monroe County, and Palm Beach County.

Contact us at (305) 570-4802 for a free consultation with our Miami white collar crime lawyers.

Additional Resources

  • District Court for the Southern District of Florida – Find information for every court location in the Southern District of Florida, attorney information, case information, and judge information.
  • Federal Bureau of Investigations (FBI) – The FBI is the federal law enforcement agency in charge of enforcing numerous federal crimes including terrorism, counterintelligence, corruption, cybercrime, civil rights violations, organized crime, white collar crime, violent crime, and more.
  • United States Marshalls – The United States Marshalls are the law enforcement agency in charge of enforcing orders of federal courts in the United States. This includes executing fugitive arrest warrants and providing security to the courtroom.
  • Bureau of Justice Statistics – find information on statistics for all types of crimes including arrests and convictions for specific crimes.
Attorneys E.J. & Erika Hubbs As professional defense attorneys, we take every case personally give every client the deliberate care it deserves. Our clients become part of our family and we fight relentlessly for their rights. Read more about us to find out how we can help you. 

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