The sudden reality of a criminal charge in Fargo can shatter the comfortable rhythm of your life. One moment, you’re navigating daily transactions; the next, you’re facing accusations related to re-encoders, skimmers, or scanning devices. The weight of North Dakota’s legal system can feel crushing, threatening not just your reputation but your very freedom. The confusion, the fear of the unknown, and the potential for a drastically altered future are overwhelming, especially when you consider the severe penalties associated with these technology-driven offenses.
In this challenging time, know that you are not alone, and you are not without a formidable ally. The prosecution may have the resources of the state and sophisticated investigative tools behind them, but I stand with you, ready to challenge every assertion and defend your rights with unwavering dedication. My role is to be your protector, to meticulously dissect the evidence, scrutinize the actions of law enforcement, and build a robust defense strategy tailored to the unique circumstances of your case. We will face this challenge together, two forces against one, fighting tirelessly to ensure your side of the story is heard and your future is protected.
The Stakes Are High: Understanding North Dakota’s Re-encoder and Scanning Device Laws & Penalties
North Dakota law strictly prohibits the unauthorized use or possession of re-encoders, skimmers, and scanning devices, particularly when they are employed to illegally obtain information from payment cards, driver’s licenses, or state-issued identification cards. These crimes are taken very seriously, as they directly threaten financial security and personal privacy. A charge related to these devices can carry severe penalties, ranging from significant jail time and hefty fines to long-term repercussions on your personal and professional life.
What the Statute Says
The offense of Use and Possession of Re-encoders and Scanning Devices is governed by North Dakota Century Code 12.1-23-19.
12.1-23-19. Use and possession of re-encoders and scanning devices – Penalty.
- An individual is guilty of a class B felony if the individual uses or attempts to use a skimmer, re-encoder, or a scanning device to obtain information from a payment card, driver’s license, or state-issued identification card without the permission of the authorized card user of the card from which the information is being skimmed, re-encoded, or scanned. An individual convicted of a second or subsequent violation of this subsection is guilty of a class A felony and also is subject to a civil penalty of not more than one hundred thousand dollars.
- An individual is guilty of a class A misdemeanor if the individual owns or possess a skimmer, re-encoder, or scanning device with the intent to commit, aid, or abet any unlawful activity.
As a Class B Felony (Unauthorized Use or Attempted Use)
If an individual uses or attempts to use a skimmer, re-encoder, or scanning device to obtain information from a payment card, driver’s license, or state-issued identification card without permission, they are guilty of a Class B Felony. This is a very serious offense in North Dakota, carrying a maximum penalty of 10 years in prison and a fine of up to $20,000. Beyond incarceration and financial penalties, a felony conviction will permanently mar your criminal record, impacting future employment, housing, and civil liberties.
As a Class A Felony (Second or Subsequent Use Violation)
A second or subsequent conviction for using or attempting to use a skimmer, re-encoder, or scanning device to obtain unauthorized information is elevated to a Class A Felony. This is the most severe felony classification in North Dakota, punishable by up to 20 years in prison and a fine of up to $20,000. In addition to these criminal penalties, a person convicted of a second or subsequent violation is also subject to a substantial civil penalty of not more than $100,000, underscoring the state’s aggressive stance against repeat offenders of this nature.
As a Class A Misdemeanor (Possession with Intent)
It is a Class A Misdemeanor if an individual merely owns or possesses a skimmer, re-encoder, or scanning device with the intent to commit, aid, or abet any unlawful activity. While a misdemeanor is less severe than a felony, a Class A Misdemeanor in North Dakota still carries significant penalties, including up to 360 days in jail, a fine of up to $3,000, or both. 1Even a misdemeanor conviction can create a criminal record that negatively impacts employment opportunities and personal reputation.2
What Does a Re-encoder or Scanning Device Charge Look Like in Fargo?
Charges related to the use or possession of re-encoders and scanning devices in Fargo often stem from sophisticated investigations by law enforcement, sometimes in collaboration with financial institutions or retail fraud units. These crimes typically involve the clandestine acquisition of sensitive personal or financial information, which is then used for various fraudulent activities, such as identity theft or credit card fraud. The prosecution will aim to demonstrate a clear intent to defraud and the unauthorized nature of obtaining personal data.
It’s important to understand that these charges aren’t always about large-scale criminal enterprises. They can arise from individuals attempting to “skim” card data at local gas stations, use re-encoders to create fake cards, or possess these devices with the mere intention of engaging in unlawful activities, even if no fraud has yet occurred. These scenarios can unfold in various everyday settings, impacting individuals from all walks of life in our community who might find themselves caught in the complex web of financial and identity-related crimes.
The ATM Skimming Operation
An individual places a sophisticated “skimmer” device over the card reader of an ATM at a local bank in Fargo. This device is designed to covertly capture payment card information, including the card number and expiration date, as customers insert their cards. Simultaneously, a tiny camera might be installed nearby to record PINs. The individual then returns later to retrieve the device and the stolen data. If caught by surveillance cameras or by law enforcement acting on a tip, this act of using a scanning device to obtain information without the authorized user’s permission would directly fall under the Class B Felony provision of NDCC 12.1-23-19(1).
The Restaurant Employee Scheme
A trusted server at a busy Fargo restaurant has a small, handheld re-encoder concealed in their apron. When customers pay with credit cards, the server secretly swipes the card through the re-encoder before processing it through the restaurant’s legitimate POS system. This action copies the card’s magnetic stripe data. The server intends to later use this re-encoded information to create counterfeit cards or sell the data online. If law enforcement discovers the device or the fraudulent activity, the server could face a Class B Felony charge for using a re-encoder to obtain information from payment cards without permission.
Possession with Suspicious Intent
During a routine traffic stop in Fargo, a driver is found to have a small, legitimate-looking portable card reader in their glove compartment. While the device itself is not inherently illegal, the officer also finds evidence on the driver’s phone, such as suspicious text messages discussing “making cards” or “getting new numbers,” or web Browse history related to purchasing credit card blanks. Even without direct proof of using the device to skim information, the combination of possessing the scanning device and clear intent to commit unlawful activity (like creating fraudulent cards) could lead to a Class A Misdemeanor charge under NDCC 12.1-23-19(2).
The Compromised Retail Point-of-Sale
A small retail shop owner in Fargo unknowingly purchases a used point-of-sale (POS) terminal online to upgrade their checkout system. Unbeknownst to them, the POS terminal has been tampered with, containing an integrated “skimming” component that captures customer credit card data as transactions are processed. While the owner is legitimately running their business, an investigation sparked by a surge of fraudulent charges linked to customers who shopped at their store uncovers the embedded device. The owner, despite their lack of malicious intent, could still face charges for the possession of a scanning device, with the potential for felony charges depending on whether the prosecution can prove “willful” use or attempt to use the device without permission from card users, or simply misdemeanor possession with intent if knowledge is established.
Building Your Defense: How I Fight Re-encoder and Scanning Device Charges in Fargo
Facing a charge related to re-encoders, skimmers, or scanning devices in Fargo demands an aggressive and proactive defense. The prosecution will attempt to paint a picture of deliberate criminal activity, often relying on digital evidence and the testimony of victims or financial institutions. Your defense must dismantle this narrative piece by piece, challenging every assumption and exposing every weakness in their case. This is not a situation where you can afford to be passive; every moment counts in preparing a robust response to these serious allegations.
My defense philosophy is rooted in the belief that the prosecution’s story is never the whole story. We will not simply react to their accusations; we will proactively investigate, strategically gather our own evidence, and relentlessly challenge the validity and interpretation of their claims. From scrutinizing the chain of custody for digital evidence to questioning the methodology of their investigation, we will leave no stone unturned in our pursuit of justice. Our goal is to create reasonable doubt, expose procedural errors, and ultimately protect your rights and your future against the full force of the state’s prosecution.
Challenging Intent and Knowledge
The North Dakota statute for re-encoders and scanning devices often hinges on the element of “willfully” using or attempting to use these devices without permission, or possessing them with “intent to commit, aid, or abet any unlawful activity.” Proving a lack of criminal intent or knowledge can be a powerful defense.
- Lack of Knowledge Regarding the Device’s Nature: Many individuals might possess a device that could be used as a skimmer or re-encoder, but genuinely have no idea of its illicit capabilities or that it was tampered with. We can argue that you were unaware of the device’s true nature or its unauthorized functionality. This could involve demonstrating that the device was obtained legitimately, perhaps as part of a larger, innocent purchase, or that you were simply unaware of its potential for criminal use, thereby negating the “willful” element for use or the “intent” for possession.
- Absence of Intent to Commit Unlawful Activity: For the Class A Misdemeanor charge, the prosecution must prove you possessed the device with the intent to commit, aid, or abet unlawful activity. If your possession was for a legitimate purpose – perhaps you are an IT professional testing security, or you mistakenly acquired a device – we can present evidence of your lawful intentions. This might involve showing documentation of legitimate work, communication records, or the absence of other tools or evidence commonly associated with fraudulent activity.
Scrutinizing the Evidence Acquisition
The collection and analysis of evidence in cases involving electronic devices are highly technical and subject to strict legal standards.3 Any misstep by law enforcement in acquiring or handling evidence can lead to its suppression.
- Illegal Search and Seizure: We will meticulously review how law enforcement obtained any evidence against you, including skimmers, re-encoders, or digital data. If there was no valid search warrant, if the warrant was overly broad, or if law enforcement exceeded the scope of the warrant, any evidence seized may be deemed inadmissible. Violations of your Fourth Amendment rights can significantly weaken the prosecution’s case.
- Chain of Custody and Data Integrity: Electronic devices and the data they contain are extremely sensitive to tampering or alteration. We will scrutinize the entire chain of custody for any seized devices and digital files. Any breaks in the chain, improper handling, or lack of secure storage can cast doubt on the integrity of the evidence, potentially leading to its exclusion from court.4 This is crucial as even a slight alteration can compromise the reliability of the evidence presented against you.
Challenging the Prosecution’s Interpretation of “Use” or “Attempt”
The statute specifies “uses or attempts to use,” which requires a clear connection between your actions and the illicit function of the device. We can challenge the prosecution’s interpretation of what constitutes “use” or “attempt.”
- Lack of Actual Data Acquisition: The prosecution must prove that information was actually obtained or that a genuine attempt was made. We can argue that while a device might have been present, there is insufficient evidence to show that it successfully extracted data from a card, or that your actions amounted to a concrete attempt as defined by law. This requires a detailed examination of digital forensics and transaction logs to demonstrate the absence of successful illicit activity.
- Malfunction or Inoperability of Device: If the skimmer, re-encoder, or scanning device was faulty, improperly configured, or otherwise inoperable at the time of the alleged offense, it could undermine the claim of “use” or “attempt to use.” We can present expert testimony or technical analysis to show that the device was incapable of performing its intended illicit function, thereby casting doubt on the charges against you.
Exploring Mistake of Fact or Identity
In some cases, individuals may be mistakenly identified or genuinely believe they are handling a different type of device or legitimate information.
- Mistaken Identity: If the evidence linking you to the re-encoder or scanning device is circumstantial or based on eyewitness identification, we can challenge the reliability of that identification. This could involve examining surveillance footage, alibi evidence, or other factors that suggest you were not the person who committed the alleged offense, or that another individual was responsible for the device and its illicit use.
- Good Faith Belief of Legitimate Purpose: While the “legitimate purpose” is a defense explicitly for possession under subsection 4 of 12.1-23-16 (Automated Sales Suppression), a similar principle can apply to re-encoder cases if you genuinely believed the device served a legal function. For instance, if you were sold a device advertised for inventory management or legitimate data capture, and had no reason to suspect its illicit capabilities, it could mitigate the element of willful intent. We would present evidence of your good faith acquisition and the representations made to you about the device.
Your Questions About North Dakota Re-encoder and Scanning Device Charges Answered
What is a “skimmer” in the context of North Dakota law?
Under North Dakota Century Code 12.1-23-19, a “skimmer” refers to a device used to obtain information from a payment card, driver’s license, or state-issued identification card without the permission of the authorized card user. These devices are typically designed to covertly capture data from the magnetic stripe of a card, often attached to legitimate card readers at ATMs, gas pumps, or point-of-sale terminals.5 The law targets the unauthorized and often deceptive nature of this data acquisition.
What is a “re-encoder” and how does it relate to these charges?
A “re-encoder” is a device used to transfer or re-encode information from one payment card, driver’s license, or state-issued identification card onto another card or device. Essentially, it allows criminals to take stolen data (often obtained via a skimmer) and program it onto a blank card, creating a counterfeit card. The statute explicitly prohibits the use or attempted use of re-encoders to obtain information without permission, reflecting the step in the fraud process where stolen data is put to use.
What is a “scanning device” in this context?
While “skimmer” and “re-encoder” have specific functions, a “scanning device” in the context of this statute is a broader term encompassing any electronic device or mechanism used to read, scan, or capture information from a payment card, driver’s license, or state-issued identification card without the authorized user’s consent. This broad definition ensures that the law covers various technologies employed for illegal data acquisition, adapting to evolving methods used by criminals.
What kind of “information” is protected under this law?
The law protects “information” from payment cards (like credit or debit cards), driver’s licenses, and state-issued identification cards. This includes, but is not limited to, the card number, expiration date, cardholder name, and other data typically found on the magnetic stripe or embedded chip of such cards. For driver’s licenses and state IDs, it would include personally identifying information like name, address, date of birth, and driver’s license number.
What is the difference between the felony and misdemeanor charges?
The main difference lies in the action and intent. The felony charge (Class B or Class A) applies to individuals who use or attempt to use a skimmer, re-encoder, or scanning device to obtain information without permission. The misdemeanor charge (Class A) applies to individuals who own or possess such a device with the intent to commit, aid, or abet any unlawful activity, even if they haven’t yet used it to obtain information.
What are the maximum penalties for a Class B Felony in North Dakota?
A Class B Felony in North Dakota carries a maximum penalty of 10 years in prison and a fine of up to $20,000. It’s a serious charge that can lead to significant incarceration, and the resulting felony conviction will have a lasting negative impact on your life, affecting various aspects from employment to civic rights.
What are the maximum penalties for a Class A Felony in North Dakota?
A Class A Felony is the most severe classification in North Dakota. For a second or subsequent violation of using or attempting to use these devices, you could face up to 20 years in prison and a fine of up to $20,000. Additionally, a civil penalty of up to $100,000 can be imposed, making the financial and personal consequences extraordinarily high.
What are the maximum penalties for a Class A Misdemeanor in North Dakota?
A Class A Misdemeanor, while less severe than a felony, still carries substantial penalties. A conviction can result in up to 360 days in jail, a fine of up to $3,000, or both. Even a misdemeanor can lead to a criminal record that may affect employment, housing, and other opportunities.6
Can I be charged if I unknowingly possessed one of these devices?
The misdemeanor charge (possession) requires “intent to commit, aid, or abet any unlawful activity.” If you genuinely did not know the device you possessed was a skimmer, re-encoder, or scanning device with illicit capabilities, or that you lacked any criminal intent, this could form the basis of a defense. However, proving lack of knowledge or intent can be challenging and often requires strong legal representation.
What if I bought the device for a legitimate purpose?
If you can prove that you purchased or possessed the device for a legitimate, lawful purpose (e.g., for data analysis, security testing, or a specific business application) and had no intent for it to be used illegally, this could be a strong defense. It would be crucial to gather evidence supporting this legitimate purpose, such as invoices, work orders, or professional certifications.
How do law enforcement agencies investigate these crimes in Fargo?
Investigations into re-encoder and scanning device crimes often involve advanced techniques. This can include surveillance (physical and digital), analysis of transaction data from banks and credit card companies, forensic examination of seized electronic devices to find software or data traces, and collaboration with federal agencies like the Secret Service or FBI due to the interstate nature of some financial fraud.
Can statements I made to police be used against me?
Yes, absolutely. Any statements you make to law enforcement, even during what seems like an informal conversation, can be used as evidence against you in court. It is critical to exercise your right to remain silent and request an attorney immediately if you are questioned or detained, as missteps during an interrogation can severely harm your defense.
What if I was not the one who actually used the device to skim data?
If you merely owned or possessed the device, but someone else used it to skim data, you might still face the Class A Misdemeanor charge for possession with intent. However, if the prosecution cannot prove that you yourself “used or attempted to use” the device to obtain information, it could be a defense against the more severe Class B Felony charge. Your involvement and level of intent are crucial distinctions.
What are the collateral consequences of a conviction?
Beyond jail time and fines, a conviction can lead to significant collateral consequences.7 A felony conviction can result in loss of voting rights, inability to possess firearms, difficulty securing certain professional licenses, challenges in employment and housing, and even limitations on international travel.8 A misdemeanor, while less severe, can still appear on background checks and impact future opportunities.9
Why is it important to have an attorney with experience in these types of cases?
These cases are highly technical, often involving complex digital evidence and financial forensics. An attorney experienced in re-encoder and scanning device charges will understand the nuances of the technology, how to challenge digital evidence, the specific elements the prosecution must prove, and the effective defense strategies. They can bring in expert witnesses, negotiate with prosecutors who may not fully grasp the technicalities, and navigate the complexities of North Dakota law to protect your rights and future.
Your Future Is Worth Fighting For
Impact on Your Livelihood and Career
A conviction for using or possessing re-encoders or scanning devices isn’t merely a legal setback; it’s a direct assault on your professional future and financial stability. If you’re a business owner, a conviction can lead to the permanent revocation of your business licenses, closure of your enterprise, and a devastating loss of trust from customers and financial institutions. For individuals, such a felony on your record can make it virtually impossible to secure employment in any field that requires integrity, financial responsibility, or access to sensitive data, effectively closing doors to countless career paths.
The financial penalties associated with these crimes, including substantial fines and potential civil penalties of up to $100,000 for repeat offenses, can cripple your finances for years to come. Beyond the immediate monetary impact, a criminal record diminishes your creditworthiness, making it difficult to obtain loans, secure housing, or even pursue higher education. 10Your ability to provide for yourself and your family could be severely compromised, leading to long-term hardship and a drastically altered quality of life.
Threats to Your Constitutional Rights
Beyond the immediate threat to your freedom, a conviction under North Dakota’s re-encoder and scanning device laws can strip away fundamental constitutional rights that many take for granted. A felony conviction can result in the loss of your right to vote, a cornerstone of democratic participation, until your civil rights are formally restored. Even more profoundly, it can permanently revoke your right to possess firearms, a deeply cherished right for many North Dakotans.
Moreover, the legal system’s reach can extend into your daily life long after incarceration. Probation or parole, often part of a felony sentence, imposes stringent conditions that limit your freedom of movement, dictate who you can associate with, and require intrusive monitoring. These restrictions can severely impact your personal autonomy, making it difficult to simply live your life without constant oversight. Your freedom, once seemingly boundless, can become a tightly controlled privilege, emphasizing the enduring power of a criminal conviction.
I Know the Fargo Courts and the Prosecution
When facing charges as serious as those involving re-encoders and scanning devices, you need more than just a lawyer; you need a formidable advocate with intimate knowledge of the local legal landscape. My extensive experience within the Fargo court system means I understand not only the intricacies of North Dakota law but also the specific procedures, tendencies of judges, and unwritten rules that can influence the outcome of your case. This local insight is crucial for navigating the often-intimidating complexities of the legal process and crafting a defense strategy tailored to the specific environment where your case will be heard.
Furthermore, I possess a deep familiarity with the prosecuting attorneys you are likely to face in Fargo. I understand their investigative approaches, their preferred strategies in financial crime cases, and their typical negotiation tactics. This invaluable knowledge allows me to anticipate their moves, prepare more effectively, and counter their arguments with precision and strength. My ability to strategize with an understanding of both the legal principles and the local legal players provides a distinct advantage in relentlessly fighting for your rights and protecting your future.
A Single Mistake Shouldn’t Define Your Life
The North Dakota legal system, particularly when prosecuting technology-driven offenses like those involving re-encoders and scanning devices, can be unforgiving. Prosecutors often pursue maximum penalties, aiming to deter others and send a strong message. However, I firmly believe that a single accusation, an isolated incident, or even an acknowledged error should not be allowed to define the entirety of your life or extinguish your future prospects. People are complex, circumstances are rarely black and white, and the true intent behind an action can often be misunderstood or misrepresented.
My unwavering commitment is to ensure that your complete story is told, that all mitigating factors are brought to light, and that your rights are rigorously defended against the full force of the state’s prosecution. Whether it means challenging the very premise of the charges, meticulously scrutinizing the evidence, fighting for a dismissal, or strategically negotiating a plea that minimizes impact, my focus remains steadfast on mitigating the long-term consequences and securing the most favorable outcome possible. Your future, your reputation, and your freedom are too valuable to be left to chance. Let me be the steadfast protector you need during this profoundly challenging time.