One "produces" an access device by designing it..

[Norm D'Plume]

Found this.  Its a model jury instruction re counterfeit access
devices.  Interesting
thing is that mere 'design' supposedly counts (see near bottom).

 [How do you show 'fraud' when all you have is a napkin with a design?]

Ninth Circuit Model Criminal Jury Instructions
                           8.68 COUNTERFEIT ACCESS DEVICES—
                           PRODUCTION, USE, OR TRAFFICKING
                                    (18 U.S.C. § 1029(a)(1))

The defendant is charged in [Count _______ of] the indictment with
[production of] [use of] [trafficking in] [a]
counterfeit access device[s] in violation of Section 1029(a)(1) of Title
18 of the United States Code. In order
for the defendant to be found guilty of that charge, the government must
prove each of the following elements
beyond a reasonable doubt:

First, the defendant knowingly [used] [produced] [trafficked in] a
counterfeit [access device] [specific type
device, e.g., card number, plate number, code number, account number,
personal identification number,
etc.];

Second, the defendant acted with intent to defraud; and

Third, the defendant's conduct in some way affected commerce between one
state and [an]other state[s], or
between a state or the United States and a foreign country.

An "access device" means any card, plate, code, account number,
electronic serial number, mobile identification
number, personal identification number, or other telecommunications
service, equipment, or instrument
identifier, or other means of account access that can be used, alone or
in conjunction with another access
device, that can be used alone or in conjunction with another access
device, to obtain money, goods, services, or
any other thing of value, or that can be used to initiate a transfer of
funds (other than a transfer originated solely
by paper instrument).

[A "counterfeit access device" is any access device that is counterfeit,
fictitious, altered or forged, or an
identifiable component of an access device or a counterfeit access
device.]

[One "produces" an access device by designing it, altering it,
authenticating it, duplicating it, or assembling it.]

[One "traffics" in an access device by transferring it or otherwise
disposing of it to another, or by obtaining
control of it with intent to transfer or dispose of it.]

http://207.41.19.15/web/sdocuments.nsf/dcf4f914455891d4882564b40001f6dc/bbf68d26da5ebee2882564ba007da0b0?OpenDocument