Fill and Sign the Jury Instruction Form 497334252

35.2 Fraud In Connection With Unauthorized Credit Cards Or Other Access Devices 18 USC § 10 29(a)(2) Title 18, United States Code, Section 1029(a)(2), makes it a Federal crime or offense for anyone during any one year period t o [ use] [traffic in] unauthorized access devices, including ordinary credit cards, if by such conduct a person obtains anything of value aggregating $1,000 or more during that period. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant knowingly [used] [trafficked in] an unauthorized access device during a one year period, and by such use obtained things of value totaling more than $1,000 during that time period; Second: That the Defendant so acted willfully , with knowledge of the unauthorized nature of the access device, and with the intent of defrauding or deceiving, as charged; and Third: That the Defendant' s conduct affected interstate or foreign commerce. The term " access device" means any credit card, plate, code, account number, 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 (other than a transfer originated solely by paper instrument). The term " unauthorized access device" means any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud. [The term "used" includes any effort to obtain money, goods, services, or any other thing of value, or to initiate a transfer of funds with an unauthorized access device.] [The term " trafficked" means the transfer, or other disposal of, a counterfeit access device to another, or the possession or control of an unauthorized access device with the intent to transfer or dispose of it to another.] To act " with intent to defraud" means to act willfully with intent to deceive or cheat, ordinarily for the purpose of causing financial loss to another or bringing about financial gain to one's self. The essence of t he offense is the willful use of an unauthorized access device wit h intent to defraud, and it is not necessary to prove that anyone was in fact deceived or defrauded. While it is not necessary to prove that the Defendant specifically intended to interfere with or affect interstate commerce, the Government must prove that the natural consequences of the acts alleged in the indictment would be to affect " interstate commerce," which means the flow of commerce or business activities between two or more states. ANNOTATIONS AND COMMENTS 18 USC § 10 29 (a)(2) provides: (a) Whoever - - (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 [shall be guilty of an offense against t he Unit ed States] if the offense affects interstate commerce or foreign commerce. Maximum Penalty: Ten (10) years and applicable fine.