It's my understanding that the bank can press charges for unauthorized use of his parent's bank accounts, even if they handed the card and PIN to him. Especially if the FBI asks them to....
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….the warrant is based on
18 USC 1029(a)(2): use (or traffic, but here it's use) of an "
unauthorized access device" "
knowingly and with intent to defraud" (within a year time frame and for $1000 or more). So it requires the 1) knowing 2) use by a person of 3) an access device 4) that is unauthorized and 5) that the use was done with an intent to defraud.
"Access device" is defined in the statute as, among other things, "any card, [...] code, account number, [...]personal identification number, [...] or other means of account access that can be used to obtain money, goods, services, or any other thing of value, or that can be used to initiate a transfer of funds." 18 USC 1029(e)(1).
"Unauthorized access device" means any access device (defined above) that is "
lost, stolen, expired, revoked, canceled, or obtained with intent to defraud." 18 USC 1029 (e)(3).
A plain language reading: A debit card, PIN, etc. that is NOT stolen, lost, expired, revoked, canceled or obtained with intent to defraud is
NOT within the scope of the cited statutory provision.
In other words, this is the basis of the indictment/warrant because the access device he is alleged to have used was stolen, lost, revoked, canceled or obtained with intent to defraud.
AKA, not given to him by his parents to use.
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