Page:United States Statutes at Large Volume 98 Part 2.djvu/1023

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-473—OCT. 12, 1984

98 STAT. 2183

attorney may, if such destruction may affect evidence of an offense against the United States, seek a hearing on such destruction or participate in any hearing otherwise to be held with respect to such destruction.". CHAPTER XVI—CREDIT CARD FRAUD

Credit Card

SEC. 1601. This chapter may be cited as the "Credit Card Fraud Act of 1984". SEC. 1602. (a) Chapter 47 of title 18 of the United States Code is amended by adding at the end thereof the following: "§ 1029. Fraud and related activity in connection with access devices "(a) Whoever— "(1) knowingly and with intent to defraud produces, uses, or traffics in one or more counterfeit access devices; "(2) knowingly and with intent to defraud traffics in or uses one or more unauthorized access devices during any one-year period, and by such conduct obtains anything of value aggregating $1,000 or more during that period; "(3) knowingly and with intent to defraud possesses fifteen or more devices which are counterfeit or unauthorized access devices; or "(4) knowingly, and with intent to defraud, produces, traffics in, has control or custody of, or possesses device-making equipment; shall, if the offense affects interstate or foreign commerce, be punished as provided in subsection (c) of this section. "(b)(1) Whoever attempts to commit an offense under subsection (a) of this section shall be punished as provided in subsection (c) of this section. "(2) Whoever is a party to a conspiracy of two or more persons to commit an offense under subsection (a) of this section, if any of the parties engages in any conduct in furtherance of such offense, shall be fined an amount not greater than the amount provided as the maximum fine for such offense under subsection (c) of this section or imprisoned not longer than one-half the period provided as the maximum imprisonment for such offense under subsection (c) of this section, or both. "(c) The punishment for an offense under subsection (a) or (b)(1) of this section is— "(1) a fine of not more than the greater of $10,000 or twice the value obtained by the offense or imprisonment for not more than ten years, or both, in the case of an offense under subsection (a)(2) or (a)(3) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph; "(2) a fine of not more than the greater of $50,000 or twice the value obtained by the offense or imprisonment for not more than fifteen years, or both, in the case of an offense under subsection (a)(1) or (a)(4) of this section which does not occur after a conviction for another offense under either such subsection, or an attempt to commit an offense punishable under this paragraph; and

1984.s e 1001 18 u

Fraud Act of note.

Penalties. 18 USC 1029.