Man Charged In Encino ATM Identity Theft Fraud Scheme
An Encino man was one of two people recently arrested in connection with an ATM fraud charge in which a "skimming" device was placed on a machine to steal users' identities, the Encino Patch is reporting.
The 37-year-old man and another man, a 31-year-old from Sherman Oaks, now face charges related to the alleged fraud. A skimmer device is used on machines that commonly accept credit or debit cards. It is placed over the machine and can extract bank account, credit card number and PIN information to use in order to attempt to steal a person's identity.
Encino criminal defense attorneys recognize that identity theft is a major problem in our society and one that has continued to increase over the years. Often, however, charges of theft or fraud in Encino are brought against people who may not necessarily have been involved.
Fraud is a vague term that can relate to a major white collar crime, such as real estate or mortgage fraud or can be associated with smaller operations. Fraud is simply is deceptive act for personal gain and to damage another. So, it can apply to many different areas.
In this case, authorities allege that the two men were using a skimmer on top of video equipment to try to capture customers who were inputting their PIN numbers into the ATM. The two were arrested by Thousand Oaks police as well as the Secret Service.
Law enforcement is alleging that the two men used the device to try to capture customers' personal information. Authorities told the Ventura County Star that had they not intercepted the men, about 90 customers could have been affected.
Authorities say it's important to make sure they cover with their hands the keypad when they are entering a PIN number. In this location, users had to swipe a card to gain access to the ATM. Police say people should use another type of card with a magnetic strip, such as a rewards card or gift card, to gain entry through the exterior door.
The news articles failed to identify what proof police have that these two men were involved in the scam. The articles also don't say how police were able to determine that a skimming device was actually being used at this ATM.
Fraud cases can sometimes be extremely complex and can involve a number of people. White collar crime -- typically financially-based crimes that affect many people -- is often bigger than just a couple people. Sometimes, the first people to be arrested are the least culpable.
Prosecutors often will need to get those people on board as witnesses in order to successfully prosecute other suspects. It's important for suspects who are arrested to talk first to an experienced Encino criminal defense attorney before speaking to police. This may help the person avoid a major conviction if they are wiling to testify on behalf of the state. Either way, not talking to authorities can go a long way toward helping your criminal case, if you decide to take it to trial.
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The crime of fraud is punished in California under Penal Code Section 484 and its subdivisions. According to Section 484 (a), anyone "who shall fraudulently appropriate property which has been entrusted to him or her, or who shall knowingly and designedly, by any false or fraudulent representation or pretense, defraud any other person of money, labor or real or personal property, or ... obtains credit and thereby fraudulently gets or obtains possession of money, or property or obtains the labor or service of another, is guilty of theft."
