Intellectual Property Law

Four former servers at three upscale Washington D.C. restaurants blocks from the White House were arrested last week for allegedly using covert skimming devices to clone customer credit card data, in a year-long counterfeiting operation that's put $750,000 in fraudulent charges on the plastic of Washington's elite.

Servers at Clyde's of Gallery Place, M&S Grill, and 701 Restaurant, along with Maryland workers at Carrabba's Italian Grill and the Gaylord Hotel, allegedly stole the card numbers. According to the Secret Service, the data wound up in the hands of 28-year-old Joseph Artemus Bush, III, a Maryland man who was repeatedly caught on surveillance video using counterfeit cards with the skimmed account numbers.

Bush's alleged MO was to purchase American Express gift cards at area Target and Walmart stores, then redeem them at high-end shops like Barney's of New York and Gucci. Last week he was charged with credit card fraud, along with two alleged confederates, Erick V. Burton and Aaron Gilbert. The four servers charged are Lavelle Denise Payne, Shannon Eileen McLaughlin, Jamaal Snowden and Simone Carrie Diane Folk.

With unobserved access to diner's credit cards, restaurant wait staff have long been the source of a steady stream of stolen magstripe data. It takes only a second to swipe a customer's card through a tiny skimming device purchasable over the internet, which is easily concealed in pocket or apron.

Corrupt servers are typically recruited by a ringleader who encodes the data -- like customer names and account numbers -- onto blank cards, in some cases turning out full blown replicas, complete with holograms. The servers often earn up to $50 per card if they work at an upscale eatery, down to just $10 each if, as in a recent Florida case, the cards were stolen from a Burger King.

The D.C. skimming ring was first spotted a year ago by Citibank, which noticed a froth of fraudulent transactions trailing legitimate card use at Clyde's, where cards skimmed by a single server wound up accounting for $107,000 in bogus charges.

The most prestigious, and recent, hot spot was 701 Restaurant, the clubby eatery where Hillary Clinton rang out her presidential campaign last June. Restaurant owner Ashok Bajaj says the Secret Service told him about the skimming earlier this month. According to court records, cash register logs tied $38,000 in fraudulent transactions to cards handled by server Lavelle Denise Payne from August 2008 until this month.

At the agency's request, Bajaj kept Payne on for another week while the government firmed up its case. "We watched her very carefully for that week," says Bajaj. "She was the nicest person. I don't know. Maybe this is a sign of the economy."

"It's very sad when people do these things," Bajaj adds. "I mean, she was making excellent money working at the restaurant. But I guess it's never enough."

See Also:

• Fed Blotter: Alleged Hackers Charged With Highway Robbery
• Stolen Wallets, Not Hacks, Cause the Most ID Theft? Debunked
• One Hacker's Audacious Plan to Rule the Black Market in Stolen Credit Cards