Want to stay current on e–commerce law? Sign up for Email Newsletter.
Identity Thief Sentenced to 18 Months Imprisonment for Card Skimming
The Alberta Provincial Court recently sentenced a man convicted of identity theft to 18 months in prison and to make restitution of the $17,700 he had obtained from the scheme. The accused, who worked at a gas station, used a magnetic card reader to skim electronic account information encoded from customers’ debit and credit cards. He observed the PIN numbers customers entered, then provided the skimmed data and PIN numbers to a friend, who duplicated the cards, gained access to accounts, and caused losses of $117,188.
The accused’s role was limited to the initial gathering of information. His friend paid him $100 for each card he skimmed, and he made $17,700.00 from his activities. The accused pleaded guilty to theft charges and cooperated with the police in their investigation. He sought a conditional sentence at the sentencing hearing, but the Crown argued a term of imprisonment of 18 to 24 months was more appropriate.
The Provincial Court stated that general deterrence and public denunciation are paramount sentencing considerations where identity theft is involved. The fact that the accused did not participate in the actual counterfeiting of cards, but had only provided the information that made it possible, was irrelevant; a conditional sentence would not satisfy the purposes and principles of sentencing. The Provincial Court judge stated that to describe the accused “…as a minor participant is akin to describing a bank robber as a low level participant, and the driver of the getaway vehicle as the primary offender. Without the gathering of information by the accused, and its distribution to his criminal acquaintance, the criminal enterprise that resulted from his participation would not have been possible.”
For a copy of the decision, visit: