Identity Theft

What Is Identity Theft?

Identity theft is a federal crime defined under 18 U.S.C. § 1028, which makes it illegal to knowingly and unlawfully possess, use, or transfer someone else’s personal identifying information (PII) with the intent to commit fraud or other criminal activities.

This crime involves stealing sensitive data—like Social Security numbers, credit card information, or medical records—to impersonate another person for financial gain.

Identity theft isn’t limited to financial fraud; it can also be tied to crimes like immigration fraud, tax fraud, healthcare fraud, and even terrorism.

Facing Federal Identity Theft Charges?

Identity theft charges aren’t just legal problems—they’re life-altering crises. Federal prosecutors have a conviction rate of over 90%, and identity theft cases often carry harsh penalties, especially if tied to financial fraud or organized crime.

How White Collar Advisory Group Can Help You

That’s where White Collar Advisory Group comes in. We prepare criminal defendants in dealing with the US District Court system and while attorneys focuses on courtroom strategy, we focus on protecting your future by preparing you for the realities of federal prosecution and prison life.

Our services go beyond legal defense—we focus on what comes next:

Sentencing Preparation: Learn how to present yourself effectively to mitigate sentencing outcomes, including strategies for the Presentence Investigation Report (PSR).
Prison Consulting: Guidance on navigating the federal prison system, from security classifications to daily survival strategies.
Sentence Reduction Strategies: Advice on qualifying for programs like RDAP, compassionate release, and sentence mitigation tactics.
Post-Conviction Support: Assistance with halfway house placement, supervised release, and reentry strategies after prison.

We’ve helped countless clients navigate the federal system, and we’re ready to help you.

Contact Us Now

📧 Email: help@whitecollaradvisorygroup.com
📞 Phone: 480-745-2000`

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How Federal Authorities Investigate Identity Theft

Identity theft investigations are typically handled by federal agencies such as the Federal Bureau of Investigation (FBI), the Secret Service, the Internal Revenue Service CID (IRS), and the Department of Justice (DOJ). Cases involving large-scale data breaches or fraud rings may also involve the Department of Homeland Security (DHS) and Financial Crimes Enforcement Network (FinCEN).

Key Components of Federal Investigations:

Digital Forensics: Analyzing computers, smartphones, and online activity to trace unauthorized access to personal data.
Financial Records Analysis: Reviewing bank transactions, credit card statements, and loan applications for signs of fraud.
Subpoenaed Records: Gathering evidence from financial institutions, internet service providers, and credit bureaus.
Surveillance and Wiretaps: Monitoring suspects’ communications to uncover identity theft schemes.
Victim Interviews: Collecting statements from individuals whose identities were stolen to track how the information was used.

Federal prosecutors build cases through digital footprints, financial records, and forensic analysis to prove fraudulent intent.

Penalties & Federal Sentencing for Identity Theft

Identity theft carries severe penalties under federal law, with sentences influenced by the type of fraud committed, the number of victims involved, and the financial loss incurred.

Potential Penalties Include:

Up to 15 years in federal prison under 18 U.S.C. § 1028.
Up to 20 years if the offense involves drug trafficking, violent crimes, or links to terrorism.
Fines up to $250,000 per count for individuals.
Mandatory restitution to compensate victims for financial losses.
Asset Forfeiture: Seizure of property obtained through fraudulent activities.

Aggravated Identity Theft (18 U.S.C. § 1028A):

Mandatory 2-year prison sentence added to the underlying crime if identity theft was used to commit specific felonies (like bank fraud or immigration fraud).
This mandatory sentence runs consecutively, not concurrently, meaning it’s added on top of other charges.

Sentencing Enhancements Apply If:

The offense involved 10 or more victims.
The defendant used sophisticated means, such as hacking, phishing schemes, or data breaches.
The crime caused substantial financial hardship to multiple individuals.
The defendant held a position of trust, such as a government employee or financial professional, abusing access to sensitive information.

Sentencing follows the U.S. Sentencing Guidelines, considering factors like financial loss, the number of victims, and any aggravating circumstances.

Frequently Asked Questions About Identity Theft

What’s the difference between identity theft and identity fraud?
Identity theft involves stealing someone’s personal information, while identity fraud refers to using that stolen information to commit fraud. In practice, the terms are often used interchangeably in legal contexts.

Can I be charged with identity theft if I didn’t use the information?
Yes. Simply possessing someone else’s personal information with the intent to commit fraud can result in federal charges, even if the information wasn’t actively used.

Is identity theft always prosecuted federally?
Not always. Federal charges apply when the crime crosses state lines, involves government programs, or is tied to major fraud schemes. State laws also cover identity theft, but federal cases carry harsher penalties.

Does cooperating with federal prosecutors reduce my sentence?
Cooperation can potentially lead to a reduced sentence, but it comes with legal risks. Always consult with an experienced attorney before agreeing to cooperate with federal authorities.

Common Types of Identity Theft Include:

Financial Identity Theft: Using stolen information to open credit accounts, apply for loans, or make unauthorized purchases.
Tax Identity Theft: Filing fraudulent tax returns to claim refunds using someone else’s Social Security number.
Medical Identity Theft: Using another person’s information to receive medical care, prescriptions, or health insurance benefits.
Criminal Identity Theft: Providing someone else’s identity to law enforcement during an arrest to avoid legal consequences.
Synthetic Identity Theft: Creating fake identities by combining real and fabricated information to open fraudulent accounts.
Child Identity Theft: Using a minor’s Social Security number to open credit lines or commit fraud, often unnoticed for years.

Common Defense Strategies for Identity Theft Charges

Despite aggressive federal prosecution, several defense strategies can be effective in identity theft cases:

Lack of Intent: Proving the defendant did not knowingly use stolen information with the intent to commit fraud, as intent is a key element of the crime.
Mistaken Identity: Arguing that the defendant’s identity was mistakenly linked to the crime, especially in cases involving stolen devices or hacked accounts.
Insufficient Evidence: Challenging the prosecution’s ability to directly connect the defendant to the fraudulent activity.
Consent: Demonstrating that the defendant had permission to use the personal information in question, which negates the claim of theft.
Duress or Coercion: Showing that the defendant was forced to commit the crime under threats or pressure from another party.

An effective defense requires early legal intervention, detailed forensic analysis, and strategic planning tailored to the case’s complexities.