Skimmer device, ‘kingpin’ measure passed

Lawmakers gave final approval May 14 to a bill that criminalizes the unauthorized use of skimmer devices and creates enhanced penalties for “kingpins.”

LB559, introduced by Sen. Carolyn Bosn of Lincoln, defines a skimmer device as an electronic or other device used to capture, record, store or transmit data from a financial transaction device or to capture or record an account holder’s personal identification code.

Violations will be punishable by different penalty classifications according to the total value of money, credit or property obtained through the unlawful use of a skimmer device.

The bill also creates a “kingpin” statute by providing for enhanced penalties for individuals who act in a leadership position while committing a financial offense that is part of a continuing series of financial transaction offenses undertaken with two or more individuals, and allows for asset forfeiture of money and property obtained through such financial transaction crimes.

Also included are provisions of Bosn’s LB464. Those provisions create the offense of organized retail crime, provide penalties and create the Financial Fraud Victims’ Reimbursement Fund, to be administered by the state attorney general’s office.

Organized retail crime is defined as theft of retail merchandise with the intent of reselling or otherwise reentering the merchandise in commerce or transferring the merchandise to another retailer or person in exchange for anything of value.

LB559 passed on a vote of 43-6.