US Carding Laws

chushpan

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Carding is a form of fraud involving the use of stolen bank card data for illegal transactions such as shopping, cash withdrawals, or money laundering. In the United States, carding is considered a serious crime and is regulated by strict federal laws. Let's look at the main aspects of US legislation on carding.

1. Basic laws applicable to carding​

1.1 Access Device Fraud Act (18 U.S.C. § 1029)​

  • This law is aimed at combating the use of stolen or counterfeit "access devices" (e.g. credit cards, debit cards, CVV codes).
  • Key points:
    • Prohibits the production, use or distribution of counterfeit cards.
    • Criminal liability for possession of devices for creating counterfeit cards (e.g. magnetic recording devices).
    • Fines and imprisonment of up to 15 years for the first offense, up to 20 years for a repeat offense.

1.2. Computer Fraud and Abuse Act (18 USC § 1030)​

  • This law applies if carders use hacking techniques to gain access to card data.
  • The sanctions include:
    • Imprisonment for up to 10 years for the first offense.
    • Up to 20 years for repeat offense.
    • High fines (up to hundreds of thousands of dollars).

1.3. Asset Forfeiture Laws​

  • If carders use stolen funds to purchase goods or property, those assets may be confiscated by the government.
  • Confiscation applies even if the goods themselves have been resold.

1.4. Racketeer Influenced and Corrupt Organizations Act (RICO)​

  • If carding is part of an organized criminal enterprise, the perpetrators may be subject to RICO charges.
  • The sanctions include:
    • Imprisonment for up to 20 years.
    • The possibility of confiscating all assets related to criminal activity.

1.5. Victim Restitution Act​

  • Carders are required to compensate for damages caused to victims (e.g. banks or cardholders).
  • Compensation amounts can reach millions of dollars.

2. Examples of crimes related to carding​

2.1. Using Stolen Card Data​

  • Purchasing goods or services using someone else's data.
  • Transfer funds to your accounts via online payments.

2.2. Creation and distribution of counterfeit cards​

  • Using skimming devices to steal data.
  • Generation of counterfeit cards using specialized equipment.

2.3. Storing or selling card data​

  • Possession of databases with credit card information (e.g. numbers, CVV, expiration date).
  • Selling data on underground forums or the darknet.

2.4. Money Laundering​

  • Using stolen funds to purchase cryptocurrency or other assets.

3. Penalties for carding in the USA​

3.1. Criminal liability​

  • Imprisonment: from several years to decades (depending on the scale of the crime).
  • Fines: from tens of thousands to millions of dollars.
  • Asset Forfeiture: All property acquired through illegal activity may be seized.

3.2. Civil liability​

  • Victims (such as banks or cardholders) can file a civil lawsuit against carders.
  • The court may order carders to pay compensation for damages.

3.3. International extradition​

  • If the carder is outside the United States, he may be extradited for trial.
  • Examples: Alexander Vinnik, Roman Seleznev.

4. Examples of famous carding cases in the USA​

Example 1: The Albert Gonzalez Case​

  • Albert Gonzalez was the mastermind behind the largest credit card data theft in U.S. history.
  • He stole more than 170 million card numbers, causing billions of dollars in losses.
  • Sentence: 20 years in prison.

Example 2: The Case of Roman Seleznev​

  • Russian hacker Roman Seleznev was arrested in the Maldives and extradited to the United States for stealing credit card data.
  • The damage amounted to more than 170 million dollars.
  • Sentence: 27 years in prison.

Example 3: The Case of Joshua Samuel​

  • Joshua Samuel created counterfeit cards and sold them online.
  • It caused more than $600,000 in damage.
  • Sentence: 12 years in prison.

5. Peculiarities of Carding Investigation in the USA​

5.1. The Role of Law Enforcement Agencies​

  • The Federal Bureau of Investigation (FBI) is actively engaged in identifying and prosecuting carders.
  • Cooperation with Interpol and other international organizations to solve transnational crimes.

5.2. Use of technologies​

  • Analysis of transaction data to identify suspicious transactions.
  • Monitoring underground forums and sites on the darknet.

5.3. Protection of victims​

  • Banks and payment systems are required to notify customers of suspicious activity.
  • Providing free protection against fraud (e.g. card blocking).

6. Carding prevention​

6.1 Education and Awareness​

  • Informing citizens about the risks of cybercrime.
  • Training in the safe use of bank cards.

6.2. Strengthening security measures​

  • Using two-factor authentication (2FA).
  • Protect your data with encryption.

6.3. Legislative initiatives​

  • Developing new laws to combat modern forms of fraud.
  • Strengthening international cooperation.

7. Conclusion​

US anti-carding laws are strict and effective. They are designed to protect the financial system, punish criminals, and prevent future crimes. However, due to the cross-border nature of cybercrime, the success of the fight against carding depends on international cooperation and the use of modern technology.

Key Takeaway: Any form of carding carries serious legal consequences, including lengthy prison sentences and large fines. The best way to avoid problems is to not engage in illegal activity.
 
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