IDENTITY THEFT

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Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person's personal data in some way that involves fraud or deception, typically for economic gain.

The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act . This legislation created a new offense of identity theft, which prohibits knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

18 U.S.C. 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. 1028), credit card fraud (18 U.S.C. 1029), computer fraud (18 U.S.C. 1030), mail fraud (18 U.S.C. 1341), wire fraud (18 U.S.C. 1343), or financial institution fraud (18 U.S.C. 1344). Each of these federal offenses are felonies that carry substantial penalties in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture. 

Contact our New York Criminal Defense Lawyers today at 914.393.9450

PERSONAL INJURY

CRIMINAL LAW

MONEY LAUNDERING

GRAND LARCENY

FRAUD

MAIL FRAUD

WIRE FRAUD

FORGERY

IDENTITY THEFT

BRIBERY

SECURITIES FRAUD

MEDICARE FRAUD

EXTORTION

EMBEZZLEMENT

 


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Copyright Stewart Orden 2012