Identity Theft Charges in ATM Skimming Scam Affirmed on Appeal

Two men involved in an international ATM skimming scheme lost appeals challenging their convictions for aggravated identity theft because the stolen PINs and debit card numbers were deemed “means of identification.”

A personal identification number is expressly included in the aggravated identity theft statute’s definition of “access device.” And while debit card numbers aren’t explicitly included in the definition, they fall within a catch-all provision that covers “other means of account access that can be used, alone or in conjunction with another access device, to obtain money,” the US Court of Appeals for the Second Circuit said Thursday.

An aggravated ...