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Identity Theft

Identity theft is an increasingly common crime. Offenders who are guilty of identity theft face severe penalties, as well as other consequences. Identity theft, or identity fraud as it is sometimes known, involves use of another person's personal information to commit fraud or theft. Identity theft offenses involve activities such as wrongfully obtaining the names, addresses, Social Security numbers, birth dates, or bank account numbers of another person, and using that information to open credit card accounts, apply for loans, open bank accounts, steal money from the victim's existing accounts, rent an apartment, file bankruptcy, or obtain a job using the victim's name. Because identity theft is costly to society, prosecutors are rigorously pursuing the claims in most jurisdictions. Identity theft cases are complex and defending the charges requires the expertise of attorneys experienced in representing defendants accused of identity theft.

Different Types of Identity Theft

Identity theft crimes are usually categorized according to the actions of the defendant. For example, true name fraud involves situations in which an identity thief uses a victim's data to open new charge accounts, typically to make large purchases that they never intend to pay off. Account takeover involves a thief accessing a victim's bank or credit card accounts by using the victim's personal information. In criminal identity theft, a person arrested for a crime gives the victim's information to the police instead of his or her own identification information. No matter which type of charge is brought against you, an experienced defense attorney can help you prepare the most effective defense available to you.

Laws Specifically Prohibiting Identity Theft

According to the Federal Trade Commission, approximately 47 states have legislation relating to identity theft. Identity theft is a felony in most jurisdictions. If your state does not have a criminal law that specifically refers to "identity theft," the same offense probably is covered by other laws regarding theft.

In 1998, Congress passed the federal Identity Theft and Assumption Deterrence Act, which makes the use of another person's identification with the intent to commit an unlawful activity a federal felony. Therefore, federal agencies, including the U.S. Postal Inspection Service, the F.B.I., and the Secret Service will investigate alleged violations. The U.S. Department of Justice prosecutes the offense. Under the federal law, federal prosecutors can pursue any knowing and unauthorized use or transfer of someone else's identification if the offender intends to commit, or aid or abet, any unlawful activity that constitutes a federal offense or a state or local felony. The federal statute covers the use of almost every means of identification, including names, birth dates, Social Security numbers, driver's license numbers, credit card numbers, codes, account numbers, and even biometric data. Violations are punishable by up to 15 years in prison and up to 25 years if the crime facilitates international terrorism.

Conclusion

Identity theft is usually a felony, and offenders face heavy penalties if caught. An identity theft conviction also carries a lasting social stigma. In several states, the laws governing identity theft have become more rigid, and the punishment for a conviction can be severe. Therefore, it is extremely important that you engage a law firm with experience defending identity theft cases as your best chance at avoiding incarceration.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.