Computer Fraud – Obtaining Financial Information

Before a person can be convicted of the federal crime of computer fraud — obtaining financial information, the prosecutor must prove the following three things beyond a reasonable doubt:

  1. The person charged intentionally accessed a computer either without authorization or in excess of the authorization give; and
  2. The person charged thereby obtained information contained in a financial record of a financial institution or in a financial record of the issuer of a credit card or in a file of a consumer reporting agency concerning a consumer; and
  3. The crime was committed for purposes of commercial advantage or private financial gain or in furtherance of any criminal or tortious act or to obtain information having a value exceeding $5,000.

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