Investigating and Prosecuting Gift Card Fraud
Learn how federal, state, tribal and local law enforcement can team up with HSI to disrupt and reduce gift card fraud occurring in the United States.
HSI is teaming up with federal, state, tribal and local law enforcement to identify, disrupt and dismantle Chinese organized crime groups engaged in gift card draining scams.
What makes HSI unique is the global nature of the crimes we investigate and the broad legal authorities available to us to combat them. We have specialized knowledge and resources that can assist in tracking down these Chinese organized crime groups, gathering crucial evidence and coordinating investigations across jurisdictions. By working together with HSI, you can enhance your efforts to bring these fraudsters to justice and protect the public from further harm. Contact HSI to learn more about how we can support your investigations and help you pursue legal charges effectively.
Federal Statutes
The following federal statutes are typically being used to prosecute gift card fraud:
- 18 U.S.C. § 1029(a)(6) prohibits anyone, when acting “knowingly and with intent to defraud,” from soliciting a person for the purpose of “offering an access device,” or “selling information regarding . . . an access device,” “without the authorization of the issuer.”
- 18 U.S.C. § 1029(a)(3) prohibits anyone, when acting “knowingly and with intent to defraud,” from “possess[ing] fifteen or more devices which are counterfeit or unauthorized access devices.” 18 U.S.C. § 1029(e)(3) defines the term “counterfeit access device” to mean “any access device that is lost, stolen, expired, revoked, canceled, or obtained with intent to defraud.”
- 18 U.S.C. § 1030(a) prohibits a wide variety of computer-related fraud. Section 1030(a)(2)(C), for instance, prohibits anyone from accessing a “protected computer . . . without authorization or exceeding authorized access,” and “obtaining information.” Section 1030(a)(4) prohibits accessing a “protective computer . . . knowingly and with intent to defraud” and obtaining “anything of value.”
- 18 U.S.C. § 1341 – Elements of Mail Fraud
State Statutes
Select the appropriate state to view a list of state statutes that have been used to prosecute gift card fraud.
FSS 817.611 | Trafficking in Counterfeit Cards
FSS 817.60.6b | Card Forgery
FSS 817.034.4a1 | Organized Fraud (>$50,000)
Ohio Revised Code Section 2913.30 | Counterfeiting
Texas Penal Code 32.315 | Fraud, Use, or Poss of an Altered/Cloned/Compromised Card
Texas Penal Code 32.51 | Fraudulent Use or Poss of Identifying Information
Texas Penal Code 31.03 | Attempted Theft of Property with a Potential Loss
Texas Penal Code 71 | Engaging in Organized Crime
Texas Code of Criminal Procedure - CRIM P Art. 13.01. Offenses committed outside this State
