What are ATM fraud charges?

| by Max Soni

Thanks for visiting Spodek Law Group – a second-generation law firm managed by Todd Spodek. We have over 40 years of combined experience defending clients in federal criminal cases. Todd Spodek represented Anna Delvey in the case that became a Netflix series, handled the Ghislaine Maxwell juror misconduct case, and has defended clients in complex fraud prosecutions. If you’re facing ATM fraud charges, you need to understand what that means and what penalties you’re looking at.

ATM fraud charges aren’t simple. Federal prosecutors can charge you under multiple statutes – the difference between a 10-year sentence and a 30-year sentence often comes down to which statute the government uses.

The Federal Statutes That Apply

The most common federal statute is 18 U.S.C. § 1029, which covers fraud involving access devices. This is what prosecutors use when you’re accused of using stolen card information, installing skimmers on ATMs, or possessing counterfeit cards. First-time violations carry up to 10 years in federal prison and fines up to $250,000. Serious cases jump to 15 years. Repeat offenders face up to 20 years.

Then there’s 18 U.S.C. § 1344 – bank fraud. This applies when you use a scheme to obtain money from a financial institution. Bank fraud carries up to 30 years in federal prison and fines up to $1 million per offense. Prosecutors love this statute because it’s broad and juries understand it.

If force or intimidation was involved, you’re looking at 18 U.S.C. § 2113 – bank robbery. Standard bank robbery carries 20 years maximum, armed robbery carries 25 years. But there’s a critical distinction defendants miss.

If someone forces a bank customer at gunpoint to drive to an ATM and withdraw funds, that’s federal bank robbery – the money was still under the bank’s control. But if someone robs a customer right after they withdraw cash from an ATM, that’s not federal bank robbery. The money already belongs to the customer at that point. State charges, different penalties, different court system entirely.

What’s Happening in Federal Courts Right Now

ATM fraud prosecutions have exploded in 2025. Federal law enforcement is targeting jackpotting and skimming.

Jackpotting is when criminals physically access an ATM, install malware, and force it to dispense cash without a valid transaction. In July 2025, two Venezuelan nationals were indicted in California for a jackpotting conspiracy that hit ATMs across six western states – they stole $94,800 from one credit union ATM in Merced County. The charges include conspiracy to commit bank burglary, conspiracy to access a protected computer, and bank larceny. Maximum sentences range from 5 to 20 years per count, fines up to $250,000, and supervised release up to 3 years.

Skimming is the other major target. Criminals install devices on ATMs to harvest bank account information and PINs, then use that information to create counterfeit cards or make unauthorized withdrawals. In May 2025, five Romanian nationals pleaded guilty in Missouri to conspiracy to commit bank fraud after installing skimming devices on St. Louis area ATMs.

Skimming cases carry brutal penalties because prosecutors stack charges. Conspiracy to commit bank fraud carries up to 30 years and a $1 million fine. Prosecutors also charge aggravated identity theft under 18 U.S.C. § 1028A, which carries a mandatory two years in prison that runs consecutive to the fraud sentence. That means if you get 10 years for bank fraud, the judge adds another 2 years on top – no discretion, mandatory consecutive time.

How Prosecutors Build These Cases

ATM fraud cases move fast. When federal agents identify a skimming operation or jackpotting crew, they arrest immediately because the scheme is ongoing.

The evidence is concrete. ATM skimming leaves video surveillance, transaction records, GPS data showing you at the ATM location, and physical devices traced back to you. Jackpotting cases have surveillance footage, malware signatures that match across multiple machines, and co-conspirators who cooperate.

Federal prosecutors coordinate across districts. That California jackpotting crew hit ATMs in six other states. When you’re arrested in one district, you’re often facing charges in three or four others. Your exposure multiplies fast.

Conspiracy charges are easier for prosecutors to prove than you’d think. If you drove someone to an ATM knowing they were going to install a skimmer, that’s conspiracy. The government doesn’t need to prove you personally stole anything – just that you knowingly participated in an agreement to commit bank fraud.

Federal Sentencing Reality

Federal sentencing guidelines calculate your sentence based on offense level and criminal history. In fraud cases, the offense level is driven by loss amount – the more money involved, the longer the guidelines range.

Let’s say the loss amount puts you at offense level 20 with no prior record. The guidelines range is 33 to 41 months in prison. Add a two-level enhancement for using sophisticated means – which prosecutors routinely seek in skimming and jackpotting cases – and you’re at offense level 22, which is 41 to 51 months. Now add the mandatory two-year consecutive sentence for aggravated identity theft, and you’re looking at 65 to 75 months total. That’s five to six years in federal prison.

And that’s assuming one count, modest loss, no leadership role, and acceptance of responsibility. If you went to trial and lost, you don’t get the acceptance reduction. If the loss amount is higher or you’re charged with multiple counts, the numbers get worse.

Restitution is mandatory. The court will order you to repay every dollar victims lost. If your conspiracy stole hundreds of thousands of dollars across multiple states, you’re jointly liable for that entire amount.

Why You Need a Federal Defense Attorney Now

ATM fraud cases don’t get better with time. If you’re under investigation or already charged, the decisions you make in the next few weeks will determine the outcome of your case.

At Spodek Law Group, we’ve defended clients in federal fraud prosecutions where the government claimed the case was unwinnable – and we’ve secured outcomes that prosecutors didn’t think were possible. We’ve handled cases involving allegations like Anna Delvey conning NYC’s elite, juror misconduct in the Ghislaine Maxwell trial, and complex fraud schemes where the stakes were enormous.

Our team includes former federal prosecutors who understand how the government builds ATM fraud cases from the inside. If prosecutors are alleging you participated in a conspiracy, we’ll examine every piece of evidence to determine if the government can actually prove you knowingly agreed to commit fraud. Were you aware of the illegal nature of the scheme? Did you withdraw from the conspiracy before any crimes were committed? These are the questions that determine whether you’re convicted or acquitted.

Federal prosecutors have unlimited resources, experienced agents, and years to build their case against you. You need a defense attorney who knows how to fight back – someone who understands the statutes, knows the case law, and has the experience to negotiate favorable plea agreements or take your case to trial.

We’re available 24/7 because federal cases don’t wait for business hours. If you’ve been arrested or you know an investigation is underway, call us immediately. The earlier we get involved, the more options you have. We represent clients coast to coast – we’ve handled federal cases throughout Long Island, NYC, and across the country.