NYC ATM Fraud Lawyers

ATM Fraud is a complex crime that requires understanding the full spectrum of crimes that fall under this label. ATM Fraud can be handled by New York State, but it often escalates to a federal level crime. It’s escalated from state to federal courts because financial institutions face harm or threats when the crime occurs. The government presides over and handles the majority of cases involving ATM fraud.

Understanding ATM Fraud

Both states and the federal government define ATM fraud as a crime. There are generally five different crimes that fall under the definition of ATM fraud.
1. Theft from an ATM: This crime occurs when someone chooses to break into an ATM and steal its contents. It’s a difficult task to accomplish, but it’s not unheard of, and some people have been able to do it.

2. Theft of an ATM: Stealing an entire ATM and its contents is classified as the crime of ATM fraud.

3. ATM Withdrawal Fraud: An individual receives a bank card to access their funds when they open an account at a financial institution. A crime occurs when someone deposits fraudulent checks or makes a deposit from an account that they know does not have the adequate funds.

4. ATM Card Theft: This is one of the simplest ways to commit ATM fraud, and it involves taking someone’s card and retrieving unauthorized funds. One way some people choose to do this is to use a device that keeps the card in the machine and then suggest to the person who cannot retrieve their card to re-type their PIN. They watch closely, and when the individual enters the bank to consult with a teller about the issue, they steal the card and disappear before anyone can stop them.

5. Skimming: ATM skimming is a more high-tech crime and involves someone installing a skimmer machine inside the ATM. It functions in the same way that an ATM card reader works and gives personal financial information to the thief. The person who installs the skimmer uses this information to make purchases, create false accounts, or make fake cards to take the funds.

Punishment for ATM Fraud

Someone who is charged with ATM fraud must go to trial to answer to the charges. The punishment varies from one case to another and involves how strong the prosecutor’s case is, how convincing the defense’s arguments are, and the strength of the evidence in the case. Charges that an individual who has committed ATM fraud can face include wire fraud, bank fraud, identity theft, or larceny.

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A larceny charge is petit larceny if the amount taken is less than $1,000, while an amount over $1,000 elevates the charge to grand larceny. The state handles larceny cases. If a credit or debit card is used in the theft, the charge will definitely be grand larceny. Another crime the state handles is identity theft. The crimes of bank fraud or wire fraud are more severe and can carry penalties of up to a $1 million fine and up to 30 years in prison.

Legal Scenario: What Would You Do?

Scenario

Your bank called to inform you that someone used a cloned version of your debit card to withdraw $8,000 from multiple ATMs across Manhattan over a single weekend. Now NYPD detectives want to interview you because the withdrawals were made using your correct PIN, and they suspect you may have staged the fraud to collect reimbursement from the bank.

Can I really be charged with ATM fraud when I was the one whose card was compromised?

Attorney's Answer

Yes, investigators frequently scrutinize account holders in ATM fraud cases, particularly when the correct PIN was used, as this suggests inside knowledge rather than external skimming. Under New York Penal Law § 170.25, you could face charges for criminal possession of a forged instrument, and if the total exceeds $1,000, it becomes a felony. Because federally insured banks are involved, prosecutors may also pursue charges under 18 U.S.C. § 1029 for access device fraud, which carries up to 15 years in federal prison. You should not speak with detectives without an attorney present, as anything you say during that interview can be used to build a case against you even if you are genuinely the victim.

This is general information only. Contact us for advice specific to your situation.

A prosecutor with plenty of evidence and a very strong case can ask the court to set penalties for ATM Fraud. Anyone who is facing charges of ATM Fraud needs to have an experienced attorney by their side because the punishment if you are convicted, is severe and can have life-long consequences including being unable to find a job or obtain housing. Unlike minor violations, a person convicted of ATM fraud will not simply be able to put the crime behind them as a past mistake. It can and will have a significant effect on your future and possibly for the rest of your life. Hiring an attorney with experience in theft crimes, including ATM Fraud, can help ensure that you get the best results when you go to court with minimal consequences.