Can you go to prison for ATM skimming

| by Max Soni

Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling federal criminal cases. We’ve represented clients in cases that made national headlines – from Anna Delvey’s fraud trial featured in the Netflix series to juror misconduct issues in the Ghislaine Maxwell case. If you’re reading this, you’re probably facing ATM skimming charges or worried about an investigation. Federal prosecutors don’t mess around with these cases.

Can you go to prison for ATM skimming? Yes – and not just any prison, federal prison. In 2025, we’re seeing defendants sentenced to six, eight, even ten years for skimming operations. A Romanian man got 81 months in September 2025 for installing card-skimming devices on Bank of America ATMs in Chicago and New Jersey. Another defendant received 120 months – that’s ten years – for skimming Electronic Benefit Transfer cards across New York and California. These aren’t probation cases, these aren’t slap-on-the-wrist misdemeanors. These are serious federal felonies with mandatory prison time in most cases.

The Federal Charges You’re Actually Facing

ATM skimming gets prosecuted under multiple federal statutes, and prosecutors typically charge all of them together. Bank fraud under 18 USC 1344 carries up to 30 years in prison and a $1 million fine. That’s the big one – the charge that hangs over your head like a guillotine. Access device fraud under 18 USC 1029 covers the actual use of the stolen card data, the skimming devices themselves, the trafficking of card information. First offense under 1029 gets you up to 10 years. If the government proves you had device-making equipment or the losses were substantial, that jumps to 15 years.

Then there’s aggravated identity theft under 18 USC 1028A. This one is brutal because it’s mandatory and consecutive – meaning it stacks on top of whatever sentence you get for the underlying fraud. If you’re convicted of using someone else’s card information during a bank fraud, you get an automatic two years added to your sentence. The judge has no discretion. You can’t negotiate it away. It just gets tacked on.

The Department of Justice has been hammering ATM skimming cases throughout 2025. Rhode Island prosecuted six foreign nationals in a multi-state conspiracy where members withdrew over $300,000 from victims’ accounts. Missouri had five Romanian nationals plead guilty to installing skimmers on St. Louis area ATMs. Ohio, New York, Illinois – every federal district is seeing these cases. The government treats skimming operations as organized crime, and they prosecute them that way.

Your Sentence Depends on the Dollar Amount

Federal sentencing for fraud follows the guidelines in USSG § 2B1.1, and the loss amount is everything. The guidelines start with a base offense level – typically 6 or 7 points for fraud crimes – then add enhancements based on how much money was stolen. Losses over $550,000 trigger a 22-level enhancement. That’s massive. We’re talking about four to eight additional years of prison time just from the loss calculation.

Look at the 2025 cases. The defendant who stole $177,000 from ATMs got 81 months – six years and nine months. Another conspiracy in New York resulted in losses over $1 million across two separate operations, with sentences ranging from 33 months to 51 months depending on each defendant’s role. The sentencing judge considers the guidelines, but they’re not locked in after United States v. Booker made them advisory. Still, most judges follow them closely.

Criminal history matters too. If you have prior convictions – especially fraud or theft convictions – your criminal history category goes up, and the sentencing range increases. Someone with no criminal record might fall into Category I. Someone with multiple priors could be Category III or IV, which doubles or triples the recommended prison time for the same offense level.

Why ATM Skimming is Always Federal

These cases land in federal court because they cross state lines. The typical skimming operation isn’t one guy hitting one ATM in his neighborhood. It’s organized crews – often Romanian nationals, according to DOJ press releases from 2025 – installing devices across multiple states over months or years. The Rhode Island conspiracy covered Rhode Island, Massachusetts, Connecticut, New York, New Jersey, and Pennsylvania. Missouri defendants operated in the St. Louis area but coordinated with others elsewhere. Once you cross state lines with fraud, it’s federal jurisdiction.

The FBI and Secret Service investigate these cases, not local police. Secret Service has a whole financial crimes division that focuses on access device fraud and skimming. They coordinate with banks, analyze surveillance footage, track the devices, trace withdrawals. By the time they arrest you, they have everything – video of you installing the skimmer, data showing which cards were compromised, records of the withdrawals you made. The evidence is overwhelming in most skimming prosecutions.

Banks push for federal prosecution because the losses are substantial and the criminal organizations behind skimming are sophisticated. According to the FBI, skimming costs financial institutions and consumers over $1 billion annually. That gets federal attention.

What Your Defense Strategy Should Focus On

Fighting an ATM skimming case at trial is difficult – the evidence is usually strong. Surveillance shows you near the ATM when the device was installed. Forensics link the skimmer to compromised cards. Withdrawal records show the stolen funds. That doesn’t mean you roll over and plead to everything the government offers.

Cooperation can cut your sentence substantially. If you’re not the ringleader, if you can provide information about who organized the operation or where the skimming devices came from or who else was involved, prosecutors will file a 5K1.1 motion for substantial assistance. That motion allows the judge to sentence you below the guideline range – sometimes significantly below. We’ve seen defendants get 12-18 months instead of 48 months because they cooperated early and meaningfully.

Your role matters. Were you the person who designed the skimmers and recruited others? Or were you a low-level participant who installed a few devices and got paid $500? The guidelines have adjustments for minor role, minimal role. A two-level or four-level reduction changes your sentencing range considerably. In the Northern District of New York case with multiple defendants, sentences ranged from 33 months to 51 months based partly on each person’s role in the conspiracy.

Acceptance of responsibility gets you a three-level reduction if you plead guilty and don’t lie about what you did. That’s standard in most plea agreements – you admit your conduct, you don’t minimize it, you don’t blame everyone else, and you get three levels off. For someone facing 63-78 months, that reduction might bring them down to 46-57 months. That’s more than a year difference.

Some defendants fight the loss calculation. The government has to prove the intended loss or actual loss by a preponderance of evidence. If they’re claiming $500,000 in losses but you can show that many of the compromised cards were never actually used or the withdrawals were blocked, you might get the loss amount reduced. Lower loss amount means lower offense level means less prison time.

The Reality of Federal Prison for Skimming

If you’re convicted or plead guilty to ATM skimming charges in federal court, you’re almost certainly going to federal prison. Probation is not realistic for these offenses unless your role was truly minimal and the loss was very small – and even then, judges often impose at least some custody time. The sentencing guidelines for fraud with losses in six figures point toward years, not months.

Federal prison is different from county jail or state prison. You’ll likely go to a low-security or medium-security facility – these aren’t violent crime cases. Federal facilities generally have better conditions than state prisons. But you’re still incarcerated, you’re still away from your family, you’re still doing years.

Many defendants in 2025 skimming cases are foreign nationals, which creates additional problems. After serving your federal sentence, ICE will take you into custody for removal proceedings. You’re facing deportation on top of prison time. If you’re here illegally, like the defendant who got 120 months in August 2025, you’re definitely getting deported after your sentence. Even legal permanent residents can lose their status and face removal for fraud convictions.

At Spodek Law Group – we handle federal fraud cases nationwide, and we understand how the sentencing process works. Todd Spodek is a second-generation criminal defense lawyer who has handled many, many, high-stakes federal cases. Our team includes attorneys who know the federal system inside and out – from the initial investigation through sentencing and appeal. We’ve fought for clients in cases others said were unwinnable, like the juror misconduct issues in Ghislaine Maxwell’s case.

The worst thing you can do if you’re under investigation for ATM skimming is talk to federal agents without a lawyer. Anything you say will be used to build the case against you. Agents will tell you it’ll be easier if you cooperate now, that they just want to hear your side. That’s how they get confessions. Once you admit to installing the skimmers or using the stolen data, you’ve made their case for them. You need a lawyer before you say a single word to law enforcement.

Can you go to prison for ATM skimming? Absolutely – and the sentences in 2025 show federal judges are not going easy on these cases. Six years, eight years, ten years in federal prison. If you’re facing charges or under investigation, you need experienced federal criminal defense representation immediately. We’re available 24/7 to discuss your case and explain your options.