There are two statutes that the federal government uses to charge people for identity theft. In 1998, Congress took action to address what was an emerging issue and 18 USC 1028 as part of the Identity Theft and Assumption Deterrent Act of 1998. A person that knowingly transfers, possesses or uses without lawful authority identification of another person to with the intent to commit or assist in the commission of a state or federal crime is guilty of Identity Theft. The person charged with Identity Theft is subject to a term of imprisonment for not more than 15 years or a fine when the document is issued by the United States or a birth certificate, driver’s license or personal identification card.
The Government decided these penalties are not harsh enough and in 2004 enacted 18 USC 1028A which will require a two year consecutive sentence if one of the following felonies was committed:
- Section 641 (relating to theft of public money, property, or rewards ), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);
- section 911 (relating to false personation of citizenship);
- section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);
- any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);
- any provision contained in chapter 63 (relating to mail, bank, and wire fraud);
- any provision contained in chapter 69 (relating to nationality and citizenship);
- any provision contained in chapter 75 (relating to passports and visas);
- section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);
- section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);
- any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or
- section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).
If you are serious about defending yourself from Federal Identity Theft Charges call us at (440) 471-7784. You must take action early and have an aggressive attorney assist you with your case. Call Attorney Joseph Patituce, for a free, no pressure consultation. We are Cleveland Federal Defense Lawyers who can help you understand and fight the charges alleged by the Cleveland Federal Agents.