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Congress bill aims to address ATM crime with heftier penalties

A bill in Congress aims to address ATM theft by putting independent ATMs under federal purview.

Congress bill aims to address ATM crime with heftier penaltiesImage via Istock.com


| by Bradley Cooper — Editor, ATM Marketplace

ATM crime continues to be a problem both in the U.S. and globally. Criminals are using both tried and true methods, such as hook and chain attacks and jackpot software attacks, and more sophisticated methods, such as one bandit in France who used a drone to break into a bank and steal from an ATM.

There are multiple reasons for the ATM crime wave. One was the pandemic, which tightened the economy, another is simply that ATMs are an attractive target. One other reason those in the ATM industry often point to is the fact that the legal consequences for attacking an ATM are often light.

"The penalties and actual jail time served are much lighter at the state versus the federal level. Criminals are acutely aware of this as well as the severe budgetary constraints faced by local law enforcement…and the fact that actual time served if any tends to be minimal for these 'property' crime," Bruce Renard, executive director of The National ATM Council Inc., said in an email interview.

In order to address this issue, The National ATM Council helped introduce a bill to the House of Representatives in Congress; HR 9248: The Safe Access to Cash Act of 2022. This bill aims to bring ATM crimes, "under federal criminal purview," Renard said.

The bill in particular aims to help independent ATM operators, by having FBI, "investigate and prosecute crimes against Independently-owned, bank-sponsored ATMs as Federal Bank Robbery crimes…in the same way that crimes against bank-owned ATMs are treated today," Renard said.

The bill addresses both crimes against ATM users and services and property itself. These crimes include:

  • Someone who steals or attempts to steal cash from ATM service employees.
  • Someone who breaks into, damages, tampers with an ATM.
  • Someone who attempts to remove the ATM from the scene or take cash from the ATM.

Both sections propose that those convicted would be fined or "imprisoned not more than twenty years or both."

The bill defines an ATM as "any network-connected automated teller machine terminal that is connected to one or more of the global, national, or regional electronic financial networks that allow a depositor of any bank, credit union, or savings and loan association, by use at such ATM of a card or other access device."

When asked why the bill was necessary, Renard said it was because law enforcement interpreted current laws to only cover bank-owned ATMs.

"The current federal bank robbery criminal law statutes have been interpreted to only cover bank-owned ATMs. Although we feel that current federal law should properly be interpreted to also cover bank-sponsored independent ATMs, the technical wording of the statute can be read to support the limitations that the FBI sees as present in its interpretation of the current statute — namely that only FI-owned ATMs are covered," Renard said. "The FBI has informally agreed that this is a technical distinction that in not necessarily equitable or good public policy — but is nonetheless the way the current statute is worded…and based on my review [as an attorney of 42 years in practice], I can see where they are coming from."

Renard also pointed out that local law enforcement is often not able to handle ATM crimes and this bill would 'bring in the cavalry."

When asked how those in the ATM industry can support this bill, Renard recommended people contact state representatives to ask them to support the bill.

"This is an issue that has received broad bipartisan support from all those members of Congress with whom we've visited," Renard said. "If we can build strong grass-roots awareness and support for the Safe Access to Cash Act, this is a piece of common sense legislation that should have a every chance of becoming law, even in today's turbulent and divided political climate."


Bradley Cooper

Bradley Cooper is the editor of ATM Marketplace and was previously the editor of Digital Signage Today. His background is in information technology, advertising, and writing.

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