SWIPES Act

S. 5229 — SWIPES Act would amend federal criminal law to strengthen the government's ability to prosecute gift card fraud. It expands the definition of illegal access-device fraud to explicitly cover obtaining gift card and other credential information, including through websites built to collect such data. It raises maximum prison sentences for large-scale fraud involving counterfeit or unauthorized access devices, with terms up to 25 years for offenses involving more than 500 devices and up to 30 years for more than 1,000 devices, and increases existing penalty tiers as well. The bill also broadens the legal definition of "access device" to include digital assets such as cryptographic keys, passkeys, and one-time passwords, and it classifies gift cards as "monetary instruments" for purposes of money laundering law.

The bill affects people who commit or attempt gift card and related fraud schemes, particularly large-scale or organized operations, by exposing them to substantially longer prison terms. It also creates a new offense adding a mandatory, consecutive 2-year prison term for anyone who knowingly commits a covered fraud offense against a victim over age 60, aimed at scams targeting older adults.

The bill was introduced in the Senate on August 4, 2026, by Sen. Ashley Moody and referred to the Committee on the Judiciary. It would need to be approved by that committee, pass the full Senate, pass the House, and be signed by the President before becoming law.

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