Identity Theft

Identity Theft. Linked to Block 6 Common Federal Crimes. 5% Copyscape similarity

Identity theft is a serious federal offense in the United States, criminalized under the Identity Theft and Assumption Deterrence Act of 1998 (18 U.S.C. § 1028). It occurs when an individual unlawfully obtains and uses another person’s identifying information, such as a Social Security number, bank account information, or credit card details, with the intent to commit fraud or other criminal activity. This offense is primarily motivated by financial gain and often results in significant harm to victims, including damaged credit, financial losses, and compromised personal information.

To convict a defendant of identity theft under federal law, the prosecution must prove several elements beyond a reasonable doubt:

1) the defendant knowingly used, possessed, or transferred another individual’s means of identification,
(2) they did so without lawful authority.
(3) they intended to commit or facilitate a federal crime, such as bank fraud, wire fraud, or another specified criminal act.

The law considers both “simple” identity theft (using someone’s information without permission) and “aggravated” identity theft, which involves the use of such information in connection with committing a federal felony.

Aggravated identity theft carries particularly harsh penalties. Under 18 U.S.C. § 1028A, individuals convicted of this offense face a mandatory minimum of two years in prison, in addition to any sentence for the underlying crime. For example, if a defendant is convicted of both bank fraud and aggravated identity theft, the two-year term for identity theft must be served consecutively, not concurrently, with the sentence for bank fraud. This statutory framework reflects the seriousness with which federal law views identity theft, and emphasizes the need for a skilled federal defense attorney such as Nate Crowley who understands the complexities of identity theft charges and sentencing.

The Role of U.S. Federal Agencies in Identity Theft

Federal agencies, including the Federal Bureau of Investigation (FBI), the Secret Service, and the Federal Trade Commission (FTC), are involved in investigating and prosecuting identity theft cases. These agencies work collaboratively to track down perpetrators, using advanced investigative techniques such as digital forensics, financial audits, and cooperation with financial institutions. The FTC also plays a critical role in supporting victims by providing resources and facilitating reports of identity theft.

The federal government has enacted various initiatives aimed at preventing identity theft, including the Identity Theft Penalty Enhancement Act and amendments to privacy and cybersecurity laws. These initiatives are part of an ongoing effort to address the rising prevalence of identity theft across the nation.

Identity Theft Charges inn California

Identity theft is a significant crime in California that is governed by Penal Code § 530.5. It involves the unlawful use of another person’s personal identifying information, such as their name, Social Security number, credit card details, or bank account information, with the intent to obtain financial gain or commit fraud.

Under California law, the crime includes various acts, from opening fraudulent credit accounts to applying for loans or government benefits using stolen information. Identity theft in California can be prosecuted as either a misdemeanor or a felony, depending on the severity of the crime and the defendant’s criminal history. This is why it is crucial to have a lawyer like criminal defense attorney Nate Crowley who understands both federal and state law.

As a misdemeanor, identity theft in California, carries up to one year in county jail and possible fines. If charged as a felony, it can result in up to three years in state prison, substantial fines, and restitution payments to the victim. Additionally, victims of identity theft may file a civil lawsuit against the offender to recover damages.

Facing Charges of Identity Theft? Contact California federal criminal defense lawyer Nate Crowley for help!

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