Theft Info Center
Identity Theft
Identity theft is an increasingly common crime, and individuals who are found guilty of identity theft face severe penalties. Identity theft generally involves the use of another person's personal information to commit fraud or theft. Typical identity theft offenses include 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. “Identity fraud” includes identity theft, plus the creation or use of a fictitious identity, rather than the theft and use of a real identity. Because identity theft is costly to society, prosecutors rigorously pursue offenders in most jurisdictions. Identity theft cases are complex and a criminal defense attorney can help defend against the charges.
There are a variety of ways to steal identifying information including snatching a purse or wallet, dumpster diving to look for personal information in the trash, intercepting mail such as bank statements and credit offers, phishing scams and computer hacking. There are essentially two types of identity theft. The first is called true name fraud, which is when a person uses another person's identity to open new accounts, such as credit cards or utilities, in that person's name. The second type is called account takeover, which is when a person accesses another person's existing accounts and makes fraudulent charges.
State Identity Theft Laws
There are both federal and state laws prohibiting identity theft. Under state laws, it is generally a crime to obtain, possess or use the identity or financial information of another person with the intent to commit any crime; deceive or defraud; obtain goods, services, credit, employment or any other thing of value; or harm an individual's reputation or property. Identity theft may be classified as misdemeanor or felony depending on resulting financial loss or value of the items taken through use of the stolen identity.
Federal Identity Theft Laws
In 1998, Congress passed the federal Identity Theft and Assumption Deterrence Act, which criminalized the use of another person's identification with the intent to commit an unlawful activity. Under this 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.
The Fair and Accurate Credit Transactions Act of 2003 (FACT) is the most recent federal legislation dealing with identity theft issues. FACT amends the Fair Credit Reporting Act and covers consumer reporting agencies and the use of credit reports and credit scores. FACT has provisions dealing with numerous issues including the ability to sell or transfer debt involving identity theft; the information that can be printed on a credit or debit card receipt; the processing of change-of-address requests for credit and debit cards; and how affiliated companies can share consumer information with each other.
Conclusion
Identity theft is usually a felony, and offenders face serious penalties if convicted. 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 consult with an attorney who has experience defending clients charged with identity theft.
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