Federal Aggravated Identity Theft
What is Federal Aggravated Identify Theft?
Identity theft is the fraudulent use of another person’s identifying information in connection with some underlying crime. Under federal law, an identity theft becomes aggravated when it is committed during and in relation to certain offenses. Those offenses include:
- Theft of public money
- Theft or embezzlement by a bank officer or bank employee
- Falsely impersonating a U.S. citizen
- False statements made during the acquisition of a firearm
- Bank Fraud, Wire Fraud, Mail Fraud
- Fraud related to passports and visas
- Obtaining customer information by false pretenses
- Willfully failing to leave the United States after deportation and creating a counterfeit alien registration card
- False statements related to the social security act
What Must The Prosecutor Prove in a Federal Aggravated Identity Theft Case?
In order to prove a defendant is guilty of federal aggravated identity theft, the prosecutor must prove beyond a reasonable doubt that:
- The defendant knowingly transferred, possessed, or used another person’s means of identification or identification documents;
- Without lawful authority; and
- During and in relation to the eligible felony alleged in the indictment.
How Does The Law Define The Term Means Of Identification?
A means of identification is defined as any name or number used, alone or together with any other information, to identify a specific person, including a name, social security number, date of birth, officially issued driver’s license or identification number, alien registration number, passport number, employer or taxpayer identification number, or electronic identification number or routing code.
What Is The Penalty For A Charge Of Federal Aggravated Identity Theft?
If a person is convicted of federal aggravated identity theft, the judge must impose a two-year prison sentence, which must run consecutively to any other sentence imposed in the case. For example, if a person is convicted of bank fraud and aggravated identity theft, and the judge imposes a 3-year prison sentence on the bank fraud charge, the judge must add another two years to the bank fraud sentence for a total of 5 years of prison.
Are you looking for the best federal criminal defense lawyer in Tampa Florida to handle an aggravated identity theft case? Contact Attorney David C. Hardy.
Tampa Attorney David C. Hardy is a former prosecutor that now represents people in matters related to federal criminal offenses.
Attorney Hardy is Board Certified by the Florida Bar and the National Board of Trial Advocacy as an Expert in Criminal Trial Law. In the Federal Courts, he has handled a wide variety of cases including international extradition, drug trafficking, bank fraud, health care fraud, immigration offenses, aggravated identity theft, the misbranding of drugs, and firearms offenses. He has represented clients in Federal Trial and Appellate Courts in Florida, Texas, and Georgia.
Attorney Hardy has the knowledge, skills, and experience to guide you through this process and obtain the best possible results. Contact Attorney Hardy for a free consultation.