As modern digital technology continues to advance, incidences of identity theft are on the rise. Identity Theft and Identity Fraud are defined by the U.S. Department of Justice as any type of crime wherein a person obtains and uses another’s personal information wrongfully and in a manner involving deception or fraud for economic gain.
Personal data like Social Security numbers, or bank/credit card account information, phone numbers, and other personal identification details can be stolen and used for fraudulent purposes. Unauthorized withdrawal of funds from bank accounts, fraudulent use of credit card information, and total usurpation of an individual’s identity for personal gain are all actionable federal offenses and can carry severe criminal penalties upon conviction.
If you are facing charges of identity theft or identity fraud in Federal Court, you need the help of an experienced federal criminal defense attorney.
Aggravated Identity Theft
The United States Code or (U.S.C.) covers aggravated identity theft under 18 USC § 1028A. The details of the code are as follows:
In the most general terms, any person who knowingly possesses, uses, or transfers funds or property without the lawful express consent or authority of the victim is subject to a minimum 2-year prison sentence in addition to any other punishment imposed at the time of sentencing.
Types of Felony Violations
The types of felonies enumerated in cases of identity theft or fraud under the guise of another’s identity can include any or all of the following:
- Willful theft of public monies, properties, or rewards
- Any theft-related crime
- Misapplication by officers or employees of any financial institution
- False representation of citizenship
- Making of false statements in the acquisition of a firearm
- False and fraudulent statements
- Wire, bank, or mail fraud
- Fraudulent provisions that relate to a passport or visa
- Obtaining customer information under false pretenses
- Willful failure to leave the United States after deportation
Creating counterfeit alien registration credentials
- Any violation as outlined in Title II, Ch. 8 of the INA (related to applicable immigration offenses)
- Social Security Fraud
Your Right to Legal Representation
Any individual who has been charged with aggravated identity fraud or theft can face additional punishments beyond the mandatory 2-year minimum sentence. If you are facing more than one count, the mandatory 2-year minimum sentence runs consecutively (2 followed by 2 followed by 2 etc.). Also, the mandatory 2-year minimum sentence is consecutive to the advisory guideline range. If you are currently facing charges for aggravated identity fraud or theft in Federal Court, it is strongly suggested that you contact a qualified, experienced federal criminal defense attorney to assist you in your case.
As a seasoned federal criminal defense attorney, Chad Piotrowski knows U.S. federal law and has extensive experience working within the federal court system to tirelessly represent and defend his clients.
For a free consultation with a nationally accredited Miami Criminal Defense Attorney, call Piotrowski Law at (305) 204-5000 today. You have the right to qualified legal representation at every step of the process.