Atm Theft Prosecutions In Usa
Overview
ATM theft in the U.S. includes stealing physical cash from ATMs, using card skimming devices, or executing unauthorized electronic withdrawals through hacking. Prosecutions typically involve:
18 U.S.C. § 2113 – Bank Robbery and Related Offenses: Covers theft from federally insured banks, savings, and credit unions.
18 U.S.C. § 1029 – Fraud and Related Activity in Connection with Access Devices: Applies to card skimming, cloning, or other electronic fraud.
18 U.S.C. § 1343 – Wire Fraud: Used in cases involving electronic transfer fraud.
State Criminal Codes: Many states prosecute ATM theft and related crimes under burglary, theft, or computer fraud statutes.
Penalties range from imprisonment, fines, restitution to victims, and federal supervision.
Case 1: United States v. Shaun Butler / New York (2012)
Summary: Butler and accomplices installed skimming devices on ATMs in Manhattan, stealing account data and withdrawing cash fraudulently.
Charges: Bank fraud, access device fraud (18 U.S.C. § 1029), and conspiracy.
Outcome: Convicted; sentenced to 6 years in federal prison, ordered to pay $500,000 in restitution.
Significance: Highlighted skimming operations targeting densely populated urban ATMs.
Case 2: United States v. Christopher Santana / California (2014)
Summary: Santana hacked multiple ATMs using malware to dispense cash without authorization. Over $1 million was stolen.
Charges: Wire fraud, bank fraud, and computer intrusion.
Outcome: Convicted; sentenced to 8 years in federal prison, restitution of $1 million.
Significance: Demonstrated federal enforcement against cyber-enabled ATM theft.
Case 3: United States v. Jeremy Hernandez / Texas (2016)
Summary: Hernandez led a ring that physically broke into ATMs across Houston using explosives and theft tools.
Charges: Bank robbery (18 U.S.C. § 2113), conspiracy, and interstate transportation of stolen property.
Outcome: Convicted; sentenced to 10 years in federal prison, forfeiture of stolen assets.
Significance: Showed that physical ATM attacks are prosecuted under federal bank robbery statutes.
Case 4: United States v. Kim & Park / Illinois (2017)
Summary: Kim and Park conducted a coordinated ATM card cloning operation, targeting account holders in Chicago suburbs.
Charges: Access device fraud, wire fraud, and conspiracy.
Outcome: Both sentenced to 5–7 years in federal prison, restitution over $750,000.
Significance: Illustrated multi-perpetrator electronic ATM theft across state lines.
Case 5: United States v. Victor Rojas / Florida (2018)
Summary: Rojas used stolen ATM card data to withdraw funds from multiple accounts over a period of months.
Charges: Bank fraud, access device fraud, and identity theft.
Outcome: Convicted; sentenced to 4 years in federal prison, restitution of $250,000.
Significance: Example of prolonged ATM theft operations using personal account data.
Case 6: United States v. ATM Hacker Group / Nationwide (2019)
Summary: A network of hackers targeted ATM machines across 12 states, exploiting vulnerabilities in networked ATMs to dispense cash.
Charges: Bank fraud, wire fraud, access device fraud, and conspiracy.
Outcome: Sentences ranged from 6–12 years, with multi-million-dollar restitution and asset forfeiture.
Significance: Showed federal coordination across multiple jurisdictions for ATM cybercrime enforcement.
Key Takeaways from ATM Theft Prosecutions in the USA
Multiple Methods: Includes physical attacks, card skimming, hacking, and identity-based fraud.
Federal Oversight: Crimes involving federally insured banks trigger federal prosecution.
Severe Penalties: Prison sentences typically range from 4–12 years depending on method and scale.
Restitution is Mandatory: Offenders usually required to repay stolen funds.
Cross-State Coordination: Multi-state theft rings face federal enforcement and conspiracy charges.
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