15 U.S.C. § 1644

Fraudulent use of credit cards; penalties

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(a) Use, attempt or conspiracy to use card in transaction affecting interstate or foreign commerce

Whoever knowingly in a transaction affecting interstate or foreign commerce, uses or attempts or conspires to use any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card to obtain money, goods, services, or anything else of value which within any one-year period has a value aggregating $1,000 or more; or

(b) Transporting, attempting or conspiring to transport card in interstate commerce

Whoever, with unlawful or fraudulent intent, transports or attempts or conspires to transport in interstate or foreign commerce a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or

Whoever, with unlawful or fraudulent intent, uses any instrumentality of interstate or foreign commerce to sell or transport a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained; or

(d) Receipt, concealment, etc., of goods obtained by use of card

Whoever knowingly receives, conceals, uses, or transports money, goods, services, or anything else of value (except tickets for interstate or foreign transportation) which (1) within any one-year period has a value aggregating $1,000 or more, (2) has moved in or is part of, or which constitutes interstate or foreign commerce, and (3) has been obtained with a counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card; or

(e) Receipt, concealment, etc., of tickets for interstate or foreign transportation obtained by use of card

Whoever knowingly receives, conceals, uses, sells, or transports in interstate or foreign commerce one or more tickets for interstate or foreign transportation, which (1) within any one-year period have a value aggregating $500 or more, and (2) have been purchased or obtained with one or more counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit cards; or

(f) Furnishing of money, etc., through use of card

Whoever in a transaction affecting interstate or foreign commerce furnishes money, property, services, or anything else of value, which within any one-year period has a value aggregating $1,000 or more, through the use of any counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained credit card knowing the same to be counterfeit, fictitious, altered, forged, lost, stolen, or fraudulently obtained—

shall be fined not more than $10,000 or imprisoned not more than ten years, or both.

(Pub. L. 90–321, title I, § 134, as added Pub. L. 91–508, title V, § 502(a), Oct. 26, 1970, 84 Stat. 1127; amended Pub. L. 93–495, title IV, § 414, Oct. 28, 1974, 88 Stat. 1520.)Editorial NotesAmendments

1974—Pub. L. 93–495 generally reorganized provisions by designating former unlettered paragraph cls. (a) to (f), and as so designated, expanded prohibitions relating to fraudulent use of credit cards, decreased amount required for fraudulent use from a retail value aggregating $5,000, or more, to enumerated amounts for particular activities, and increased the punishment from a sentence of not more than five years to a sentence of not more than ten years.

Statutory Notes and Related SubsidiariesEffective Date of 1974 Amendment

Amendment by Pub. L. 93–495 effective Oct. 28, 1974, see section 416 of Pub. L. 93–495, set out as an Effective Date note under section 1665a of this title.

Effective Date

Pub. L. 91–508, title V, § 503(3), Oct. 26, 1970, 84 Stat. 1127, provided that: “Section 134 of such Act [this section] applies to offenses committed on or after such date of enactment [Oct. 26, 1970].”

Notes of Decisions

Cited in 77 cases (2 in the last 5 years), 1972–2023 · leading case: United States v. Maze, 414 U.S. 395 (1974).

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United States v. Maze, 414 U.S. 395 (1974). · cites it 10× “1127 , 15 U. S. C. § 1644 . Congress could have drafted the mail fraud statute so as to require only that the mails be in fact used as a result of the fraudulent scheme.”

United States v. Lionel Reifler, Glenn B. Laken, John M. Black, Jr., 446 F.3d 65 (2d Cir. 2006). · cites it 4× “§ 371 , and two counts of credit card fraud, in violation of 15 U.S.C. § 1644 (a). Judge Stein entered judgment sentencing Reifler principally to 63 months’ imprisonment, to be followed by a three-year term of supervised release, and entered an amended judgment ordering him also…”

United States v. Frederick R. Draves, Cross-Appellee, 103 F.3d 1328 (7th Cir. 1997). · cites it 4× “Draves of aiding and abetting credit card fraud in violation of 15 U.S.C. § 1644 (a) and 18 U.S.C. § 2 . On appeal, Draves challenges his conviction on jurisdictional, sufficiency of the evidence, and ineffective assistance of counsel grounds.”

United States v. Beverly C. Ryan, 894 F.2d 355 (10th Cir. 1990). · cites it 5× “One of its purposes was to close the loopholes of already existing legislation under the Truth in Lending Act, 15 U.S.C. § 1644 , and the Electronic Funds Transfer Act, 15 U.”

United States v. Anthony De Biasi & John Mario Eboli, 712 F.2d 785 (2d Cir. 1983). · cites it 6× “Defendant Eboli was also convicted on eighteen counts of conspiring to use counterfeit credit cards ( 15 U.S.C. § 1644 (a)); and defendant De Biasi was convicted on two counts of wire fraud ( 18 U.”

United States v. Valerie Helgesen, 669 F.2d 69 (2d Cir. 1982). · cites it 5× “§ 1014 , all counts arising from a short-lived but highly remunerative fraudulent scheme conducted from a small boutique in Brooklyn, New York. Judge Neaher sentenced Helgesen to concurrent terms of imprisonment of three years on each count.”

United States v. Alessi, 638 F.2d 466 (2d Cir. 1980). · cites it 6× “MANSFIELD, Circuit Judge: The eight appellants, Alessi, Carcone, Colagrande, Ferrara, Jesselli, Margro, Martelli and Peraino, were among 17 individuals 1 indicted in the District Court for the Eastern District of New York on charges of conspiring to use stolen airline credit…”

United States v. Arthur Turcks, 41 F.3d 893 (3rd Cir. 1994). · cites it 2× “Section 1029’s predecessor was the Truth in Lending Act, 15 U.S.C. § 1644 (a). 8 H.Rep. No. 98-894, 98 Cong.”

United States v. Omar Rushdan, United States of Am. v. Omar Rushdan, 870 F.2d 1509 (9th Cir. 1989). · cites it 3× “§ 1644 by fraudulent use of credit cards does not require that defendant specifically intends to use the card in transaction affecting interstate commerce or that the cards be used, because “it is the agreement that particular ... cards would ultimately be used in transactions…”

United States v. Fiorentino Zambrano, Salvatore Cardella, Frank Grappone, 776 F.2d 1091 (2d Cir. 1985). · cites it 2× “CARDAMONE, Circuit Judge: After a jury trial resulted in their convictions for using and conspiring to use counterfeit credit cards in violation of 15 U.S.C. § 1644 (a) (1982), and for wire fraud in violation of 18 U.”

United States v. Ngai Man Lee, 317 F.3d 26 (1st Cir. 2003). “Enacted to augment the Consumer Credit Protection Act, 15 U.S.C. § 1644 , and the Electronic Funds Transfer Act, id.”

United States v. Veronica Picquet, 963 F.2d 54 (5th Cir. 1992). · cites it 4× “§ 1029 (a)(2) Picquet directs the Court to 15 U.S.C. § 1644 (a), which prohibits using a fraudulently obtained credit card “to obtain money, goods, services, or anything else of value.”

Show all 77 citing cases →

— 15 U.S.C. § 1644(a) — 1 case

Richardson v. Peco Energy (E.D. Pa. 2022).

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