San Diego ATMs are under assault. There are frequent media reports of automated teller machines being pulled out of stores with chains, rammed with trucks, hammered into pieces or having their locks drilled through. Blunt force is the approach favored by many trying to illegally remove money from automated teller machines, but others prefer a more sophisticated approach, using high-tech "skimmers" to take user information that in turn gives thieves access to customer bank accounts. The skimmer devices scan debit and credit card numbers that thieves capture. Soon afterwards, victims' bank accounts are emptied with bogus cards or online shopping sprees.
A Growing Problem
A security consultant recently told the San Diego Union that ATM skimming is a nearly $1 billion business, and a rapidly increasing issue for both customers and the companies that own the nation's estimated 400,000 teller machines.
In some skimming cases, the perpetrators install a high-tech false front on the ATM that is virtually indistinguishable from the original. The false card slot contains a card reader that records the account data imbedded in each user's card. This skimming technology has been found in use not only at ATMs, but at gas station pumps and similar point-of-purchase locations.
As ATM owners employ more high-tech solutions to combat the problem, the thieves have changed their strategies to keep up. Savvy criminals often install a tiny camera aimed at the PIN pad allowing them to obtain that crucial data as well. Another old-fashioned but surprisingly high-tech approach is to position themselves at a relatively long distance and use a high-powered telephoto camera lens or pair of binoculars to capture PIN numbers.
Low-tech approaches are often combined with the high-tech ones. After a skimmer device has been installed, simply looking over someone's shoulder as they type in their PIN can be surprisingly effective, as it doesn't occur to most people to try and block the numbers from view.
Looking for Skimmers
Security experts say consumers can protect themselves by being observant and cautious when using an ATM or comparable machine. If something looks amiss, don't use the machine. If the ATM has a loose or ill-fitting part, don't use the machine (and report the problem to the business hosting the machine, be it a bank, grocery store or gas station).
If you can, try to consistently use the same ATMs and gas station pumps. The more familiar you are with a particular machine, the more likely you will be to notice minute changes in the appearance of the machine. If you notice a change, don't use the machine before talking to an employee and finding out if he or she is aware of any legitimate updates to the machine.
What Are the Charges and Penalties Involved?
People arrested for ATM skimming can face a number of state and federal charges, including bank fraud and/or conspiracy to commit bank fraud. These crimes are taken very seriously by legislators, each carrying maximum penalties of 30 years in prison and a fine of $1 million per instance. A common state charge associated with these crimes is that of identity theft, punishable by up to one year in jail and a $1,000 fine per instance.
Criminal defense lawyers caution people accused by federal, state or local law enforcement of crimes that the burden of proof is on the accuser (i.e. the local, state or federal agency who brought the charges). There might not be enough evidence to prove guilt; there might be evidence showing a defendant is not guilty. Depending on circumstances, criminal charges can be dropped or reduced.
If you have been charged with a crime such as bank fraud or identity theft, contact a California criminal defense attorney who can assess the facts of your case, advise you of your legal options and fight for your rights and your freedom.
