H.R. 3810: Stopping Klepto-card and Identity Misuse Act

This bill, known as the Stopping Klepto-card and Identity Misuse Act (SKIM Act), aims to enhance the efforts against access device fraud, which includes crimes involving counterfeit credit cards or other unauthorized access devices. Here are the key components of the bill:

Sentencing Guidelines

The bill requires the United States Sentencing Commission to revise its guidelines concerning the sentencing for fraud offenses related to access devices. Specifically:

• It mandates an increase of 4 levels in the baseline offense level for such crimes.
• If the resulting offense level is below level 14, it must be raised to level 14.
• It clarifies that if there are 10 or more counterfeit access devices involved, any unauthorized charges made with these devices will be considered in determining the loss amount.

Report to Congress

The bill directs the Attorney General, in coordination with the Secretary of Homeland Security, to submit a report to Congress within 90 days of its enactment. The report will cover:

• An assessment of the collaboration between federal and state law enforcement agencies in handling access device fraud cases.
• An examination of the methods and technologies used by fraud perpetrators to commit their crimes.
• A summary of assistance requests made by state or local law enforcement to federal agencies regarding access device fraud, including the response from federal bodies.
• Information on areas where fraud related to access devices is particularly problematic.
• Suggestions for laws that might improve cooperation among law enforcement to combat this type of fraud.
• Recommendations for best practices for local law enforcement and business owners to mitigate such fraud.

Definitions

The bill includes important definitions related to access devices and counterfeit access devices, which are consistent with the definitions established in federal law.

Implementation Timeline

The changes to the sentencing guidelines must occur within 30 days after the bill becomes law, and the required report must be submitted within 90 days.

Relevant Companies

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