SKIM Act

This bill, called the Stopping Klepto-card and Identity Misuse Act, aims to crack down on fraud that uses fake or unauthorized “access devices” by toughening penalties and ordering a fast federal report on how agencies are fighting it. It tells the U.S. Sentencing Commission to raise penalty levels for these crimes and to count any unauthorized charges as losses when a case involves 10 or more counterfeit or unauthorized devices. It also requires the Attorney General, working with the Department of Homeland Security, to report to Congress within 90 days on how federal, state, and local law enforcement are preventing, investigating, and prosecuting these crimes, and to share best practices for police and business owners. The bill’s short name appears as the Stopping Klepto-card and Identity Misuse Act in the document header.

Key points

• Who is affected: People who commit fraud using counterfeit or unauthorized access devices; federal agencies (Justice and Homeland Security); state and local law enforcement; business owners who are targets of such fraud.
• What changes: Sentencing guidelines must be updated within 30 days to increase penalties (baseline increase by 4 levels, with a minimum offense level of 14), and in cases with 10+ devices, any unauthorized charges count as loss. A detailed report must assess cooperation, fraud techniques, requests for help from local agencies, hot-spot areas, and recommendations for laws and best practices.
• When: Sentencing guideline changes are due within 30 days after the law takes effect; the report to Congress is due within 90 days after enactment.