Is Identity Theft a Federal Crime?

Identity theft is classified as a federal crime in the United States. Under federal law, it is illegal to knowingly and with intent to defraud, use, or transfer someone else’s personal identifying information without lawful authority. This can include a range of activities, from stealing Social Security numbers to opening fraudulent bank accounts. For instance, there have been situations where individuals have faced federal charges for using stolen identities to file fraudulent tax returns, which is one of the many forms of identity theft recognized under federal law. These actions lead to significant legal consequences and demonstrate the seriousness of the crime.

If you or someone you know is facing accusations of identity theft, it is crucial to seek legal assistance promptly. Cannon & Associates are ready to provide you with the necessary guidance and defense in federal court. Take the first step in your defense and call 405-657-2323 for a free case strategy session with our dedicated legal team.

Identity Theft: A Federal Crime Defined

Identity theft involves wrongfully acquiring another person’s personal identifying information for fraudulent purposes, usually for economic gain. This federal law was born out of the Identity Theft and Assumption Deterrence Act of 1998, the first statute that specifically addressed identity theft and laid the groundwork for current federal prosecution practices. Prosecution under this law often depends on another offense being involved, such as using someone’s stolen personal information to commit a different crime.

Federal Identity Theft Laws

The Identity Theft and Assumption Deterrence Act makes it a federal offense to commit, attempt, or aid in committing identity theft, therefore covering a wide range of offenses. Federal involvement in identity theft cases becomes even more pronounced when advanced technologies, interstate wire communications, or the theft of government documents are involved.

Large-scale identity theft operations involving multiple states or advanced technology are likely to draw federal law enforcement agencies’ attention. Those involved could be charged under federal law, facing the associated penalties.

Aggravated Identity Theft and its Federal Implications

Aggravated identity theft is a more severe form of identity theft. It’s defined under federal law as the use of someone’s identity to commit felony crimes, such as:

• Stealing Social Security benefits
• Engaging in domestic terrorism
• Immigration violations
• Financial fraud
• Tax fraud
• Drug trafficking
• Human trafficking

and many others.

The Identity Theft Penalty Enhancement Act of 2004 provides the legal basis for prosecuting aggravated identity theft, setting enhanced penalties for such crimes. A conviction for aggravated identity theft carries a mandatory additional prison sentence of 2 years, which is consecutive to the punishment for the underlying felony.

Aggravated identity theft charges can arise from various felony crimes, such as:

• Embezzlement
• Theft of public money
• Immigration fraud
• Wire fraud
• Healthcare fraud
• Marriage fraud

These offenses can lead to serious legal consequences and penalties.

High-Profile Federal Identity Theft Cases

High-profile federal identity theft cases serve as stark reminders of the severity and complexity of these crimes. One such case involved seven individuals who committed identity theft and were charged in a million-dollar fraud scheme that involved:

• Stealing from victims’ bank accounts using stolen personal information
• Spanning multiple states
• Identity theft, bank account takeovers, and the use of counterfeit driver’s licenses and other false identification documents

Federal law enforcement agencies, including:

• United States Postal Inspection Service (USPIS)
• Treasury Inspector General for Tax Administration (TIGTA)
• Customs and Border Protection (CBP)
• Homeland Security Investigations (HSI)

collaborated to halt the alleged crimes and prosecute the individuals involved. The accused obtained victims’ personal and financial information through the Internet, including names, social security numbers, driver’s licenses, and bank details. They engaged in SIM swap fraud to take control of victims’ phone numbers and access their bank accounts to steal funds. The perpetrators divided victims’ funds across multiple accounts and conducted numerous smaller withdrawals to reduce scrutiny from bank employees.

The criminals flew to various US cities to fraudulently withdraw money from multiple victims’ accounts, typically stealing tens of thousands of dollars on a single trip. The scheme resulted in the theft of at least approximately $1 million from the bank accounts of the victims. The charges against the defendants included:

• Conspiracy to commit wire and bank fraud, which can result in up to 30 years in prison
• Access device fraud, which can lead to five years in prison
• Aggravated identity theft, which carries a mandatory two-year sentence

This case is a notable example of a federal identity theft case, characterized by its complexity, spanning several states, and requiring intricate coordination and technology. However, identity theft cases can vary widely, with many being less elaborate yet still resulting in serious consequences for everyone involved.

Legal Ramifications of Committing Identity Theft

The legal consequences of committing identity theft are severe and can be life-altering. A conviction for identity theft under federal law can lead to:

• Imprisonment for up to 15 years in basic cases
• Imprisonment for up to 20 years if associated with drug trafficking or repeated offenses
• Imprisonment for up to 30 years when connected to aiding terrorism

Upon conviction at the federal level, offenders can also face significant fines and criminal forfeiture of any assets used to commit the identity theft offense. Violent crimes that involve identity theft are subject to strict federal laws, resulting in enhanced penalties.

The long-term implications of a federal identity theft conviction include:

• Damage to one’s reputation
• Financial repercussions
• Employment challenges
• A significant impact on future opportunities and personal relationships.

Enhanced Penalties for Specific Crimes

Certain crimes carry enhanced penalties. Identity theft aiding or committing domestic or international terrorism, for instance, can lead to up to 30 years in prison, with an additional 5 years added to the underlying federal terrorism charge penalties. Similarly, when identity theft is tied to drug trafficking, the offender may face a prison sentence of up to 30 years.

These penalties reflect the escalated response to more serious crimes, indicating that charges are often escalated when connected to broader criminal schemes such as terrorism or drug trafficking, which can result in significant financial losses triggering federal prosecution.

Please be aware that legal regulations, including potential dollar amounts or prison lengths, may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.

Defending Against Federal Identity Theft Charges

Confronting federal identity theft charges is intimidating. The key initial step for the accused is to secure legal representation, such as Cannon & Associates. It is important to have a skilled criminal defense attorney handle the legal process and advocate on your behalf. Defenses against such charges can include:

• Demonstrating a lack of fraudulent intent
• Demonstrating a lack of informed Miranda rights
• Proving the accused’s actual identity when mistaken identity is claimed.
• Employing an illegal search and seizure defense to challenge unlawfully obtained evidence.

Accused individuals should also refrain from giving consent to be interviewed by federal law enforcement agents without first consulting an attorney, as anything said can be potentially used against them in court.

Building a Strong Defense Strategy

Creating an effective defense strategy is crucial in cases of identity theft. A case strategy session with Cannon & Associates provides an opportunity to analyze the legal situation and develop a defense plan tailored to your needs.

During a strategy session, clients receive comprehensive overviews of their legal issues, insight into the application of the legal system to their case, expectations for upcoming hearings, and initial steps toward resolution. Our defense strategies may include arguments such as the absence of fraudulent intent, authorization from the information’s owner, and procedural defenses related to the conduct of law enforcement.

At Cannon & Associates, we are committed to providing you with the support and legal counsel necessary to address the charges of identity theft. We stand ready to assist you every step of the way, from the initial case strategy session to the resolution of your case.

The Role of Federal Law Enforcement in Identity Theft Cases

Federal law enforcement agencies such as the Federal Bureau of Investigation (FBI), the United States Secret Service, and the Department of Justice play a vital role in investigating identity theft cases, particularly those that cross state borders or are part of larger criminal operations.

These agencies employ advanced technological tools and investigative techniques to uncover identity theft crimes and prosecute offenders. Cooperation between federal agencies, state and local law enforcement, and international entities is common in identity theft investigations, ensuring a comprehensive approach to combating this crime.

How Cannon & Associates Can Help You

We provide legal representation in federal criminal defense cases, fighting vigorously for our clients against federal prosecutors. We offer:

• Free case strategy sessions for individuals facing federal charges, allowing them to receive legal advice without any financial obligation.
• High standards of legal representation to ensure clients are not victimized by the federal court system.
• Emphasis on the importance of contacting an experienced federal criminal defense attorney immediately when facing federal charges for strategic case building.

Case Strategy Sessions: Your First Step After an Accusation

If you are accused of identity theft, arranging a case strategy session with Cannon & Associates should be your first step. Unlike some law firms that may charge for this service, our case strategy sessions are designed to craft a personalized defense approach tailored to your unique situation. During these sessions, we focus on providing detailed, strategic guidance to prepare for your defense.

We ensure these sessions are:

• Informational and strategic, offering a clear path forward in your defense
• A platform to discuss potential defenses and legal options available to you
• An opportunity for us to understand your case in detail and to begin formulating an effective response to the charges you face.

At Cannon & Associates, we are dedicated to providing comprehensive legal support and counsel to those facing the challenges of identity theft charges. Our experience extends to a variety of related crimes, including DUI, drug trafficking, firearms, and ammunition offenses, cases involving domestic violence, and more. If you or someone you care about is confronting such serious allegations, we encourage you to contact us without delay. Our team is prepared to offer guidance at every stage, from the preliminary case strategy session through the final resolution of your case. To schedule your free case strategy session and begin formulating your defense, call us at 405-657-2323.

Frequently Asked Questions

What constitutes identity theft under federal law?

Identity theft under federal law involves the deliberate use of someone else’s personal identifying information without their permission, primarily for financial gain or to commit other crimes. This includes using another person’s Social Security number, bank account information, or other personal details to fraudulently open accounts, make purchases, or obtain services.

How is identity theft prosecuted at the federal level?

Identity theft is prosecuted at the federal level under various statutes, including 18 U.S.C § 1028 and 18 U.S.C § 1028A for aggravated identity theft. The prosecution process typically involves federal law enforcement agencies that investigate the crime, gather evidence, and work with federal prosecutors to charge the accused in federal court.

What are the penalties for identity theft under federal law?

The penalties for identity theft under federal law can be severe, including imprisonment for up to 15 years for basic offenses, up to 20 years for offenses related to drug trafficking or repeated crimes, and up to 30 years for offenses connected to terrorism. Aggravated identity theft carries a mandatory additional two-year prison sentence consecutive to the punishment for the underlying felony.

Can identity theft charges be dropped or reduced?

In some cases, identity theft charges may be dropped or reduced if the defense can demonstrate a lack of fraudulent intent, mistaken identity, or if the accused’s constitutional rights were violated during the investigation (e.g., illegal search and seizure). However, this is highly dependent on the specifics of the case and the effectiveness of the legal defense.

What legal defenses are available to someone accused of identity theft?

For individuals accused of identity theft, several legal defenses may be applicable, depending on the circumstances of the case. One common defense is the lack of intent to commit fraud, where the defendant can argue that any use of personal identifying information was with consent or for legitimate purposes. Another possible defense is mistaken identity, where the accused can demonstrate that they were not the individual who committed the alleged theft. Additionally, if evidence was obtained through an illegal search and seizure, it may be possible to have that evidence excluded from the case. It is crucial for anyone accused of identity theft to seek the counsel of a qualified defense attorney who can evaluate the specifics of their case and develop an appropriate defense strategy.