Some of the most important things are for the victim of identity theft: In the context of PC 530.5 identity theft laws, “personally identifiable information” includes an individual`s name, address, phone number, social security number, account number, PIN, and passwords. It should be noted that illegal systems used to commit identity theft or fraud could also violate related federal laws, such as credit card fraud, Social Security fraud, computer hacking, mail fraud, and electronic fraud. All of these federal crimes result in severe penalties, fines and criminal forfeiture. In California, the anti-identity theft law is found in Section 530.5 of the Penal Code. If you think you are under federal criminal investigation or have been formally charged with identity theft, working with an experienced federal defense attorney can help you fight your charges. An individual should take the following steps to reduce the risk of identity theft: Below is a summary of the offence of identity theft and related fraud, including relevant legislation and examples of the offence. In most states, identity theft laws criminalize the misuse of another person`s credentials, either personally or financially. This data (including social security numbers, credit history, and bank PINs) is often acquired by: The federal government uses the terms “identity theft” and “identity fraud” to refer to any type of crime in which an individual illegally obtains another person`s sensitive information in a manner that involves fraud or deception for profit. This can cover anything from using a “phishing” system to obtain Social Security numbers to stealing a pre-filled credit card application from a neighbor`s email. (1) Identity theft or attempted identity theft that does not result in the theft or appropriation of credit, money, goods, services or other property is a Class B offence; If you are convicted of identity theft under section 530.5 of the Criminal Code, the penalties depend on the seriousness of the crime and your criminal record. Identity theft is a California “wavering” crime that can be classified as a misdemeanor or felony.
Sanctions include: Of course, the FBI will not launch a criminal investigation because someone used someone else`s account or information to buy clothes at the mall. They tackle much larger illicit schemes, such as using the proceeds of theft to facilitate drug trafficking. Identity theft occurs when a person uses another person`s personal information, such as a person`s name, social security number or credit card number, other financial information, without authorization to commit fraud or other crimes. The white-collar crime of PC 530.5 identity theft can result in significant penalties if you are convicted. If you are under investigation for identity theft, our law firm`s early intervention in your case is crucial. If the defendant is convicted of federal identity theft, involving identification or forgery, or possession of equipment to produce documents, or fraudulently receiving money or property up to $1,000, the penalties include up to 15 years in federal prison and hefty fines. In one identity theft case, the owner of a car dealership in Springfield, Missouri, used his legitimate store to obtain customers` personal information. He used the information he gathered from people interested in auto loans to amass nearly $800,000 in fraudulent loans. They will use their power as investigative authorities to build a case against you. They can conduct interviews, issue subpoenas to obtain information and gather hard evidence. Once they determine they have enough evidence, federal agents will arrest you and charge you with identity theft.
If you are convicted of identity theft at the federal level, the government considers several factors in determining your sentence, including: The Department of Justice prosecutes identity theft and fraud under various federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Deterrence of Assumptions Act. This law created a new identity theft offense that prohibits “knowingly transferring or using a means of identifying another person without legal authority, with the intent to commit, aid, or abet any illegal activity that constitutes a violation of federal law or that constitutes a crime under applicable state or local law.” 18 U.S.C. § 1028(a)(7). This offence is punishable in most cases by up to 15 years` imprisonment, a fine and criminal confiscation of personal property used or intended to be used in the commission of the offence. In the case of identity theft involving complicity in domestic or international terrorism, the penalties will be up to 30 years in prison. For example, if the indictment alleges electronic fraud and aggravated identity theft, the verdict of the guidelines on conviction for electronic fraud will be decided. Then, the conviction for aggravated identity theft will increase the total sentence by an additional two years. (c) (1) Identity theft is a Grade 8 non-personal crime, except as described in clause (c) (1) (B); and (B) severity 5, non-personal offence, if the financial loss to the victim(s) is greater than $100,000. (a) A person who is the parent or guardian of a child and who holds the child`s personally identifying information. With enough identifying information on a person, a criminal can impersonate that person to commit various crimes. For example, U.S.
prosecutors could escalate identity theft charges 18 U.S.C. § 1028 if the identity theft was committed with another crime. If the other crime carries a longer sentence than the crime of identity theft, the heavier sentence may be imposed on the accused. We do almost everything online these days, so it`s no surprise that cases of identity theft are becoming more common at the federal level. It should be noted that most cases of identity theft are prosecuted in a state criminal court. In cases of identity theft at the federal level, the government will only intervene if someone steals huge sums of money or uses many pieces of identification to commit other crimes. Several government agencies are involved in the investigation and prosecution of identity theft crimes, including: Simply possessing another person`s information cannot reach the level of identity theft. To be convicted under section 530.5, a prosecutor must prove that the defendant (1) used another person`s information either (2) illegally or (3) fraudulently.
Therefore, the most important keywords in an identity theft prosecution are the deliberate acquisition of another individual`s personally identifying information with the specific intent to commit fraud. In this article from our Los Angeles defense attorneys, we`ll cover this topic in more detail below to provide readers with valuable information about the legal system. Investigations of identity theft and criminal charges have increased significantly over the past decade thanks to technological advances that have made an individual`s personal information more accessible. Many law enforcement agencies in major cities like Los Angeles have specialized units to investigate suspected large-scale identity theft networks. Common methods of accessing personal data are unsecured networks or Internet purchase fraud. Common federal fees for identity theft include Internet identity theft for online purchases using an individual`s credit card, filing fraudulent credit card applications, using fake credit cards or a driver`s license, and forging a signature on a check. a credit card or debit card purchase. Every year, millions of victims of identity theft fall victim to each other. While there are many different forms of identity theft, they all share a common theme. Here, a person`s personal data is illegally obtained from another person with the specific intent to commit theft, fraud or other types of crimes. An identity theft conviction can carry a maximum sentence of 15 years in federal prison, but identity theft cases often include additional charges that can extend the prison sentence.
If you are under investigation for federal identity theft, you should not agree to speak to federal law enforcement without consulting a lawyer. Identity theft is defined as the extraction of another person`s personal data, such as their date of birth, for illegal purposes. (f) Except as otherwise provided in subparagraphs (q) and (r), in all cases where a victim has suffered economic harm as a result of the defendant`s conduct, the court shall require the defendant to pay compensation to the victim or victims in an amount determined by court order. on the basis of the amount of damage claimed by the victim(s) or any other representation in court. If the amount of damage cannot be determined at the time the judgement is rendered, the restitution order contains a provision that the amount is determined by court order. The court orders the full return. The court may order that funds seized at the time of the defendant`s arrest, other than funds seized under chapter 8 (beginning with section 11469) of section 10 of the Health and Safety Act, be used in the restitution order if the funds are not exempt for spousal or child support or are subject to any other legal exception. If you are convicted of identity theft, you lose your right to own or possess a firearm. In California, convicted felons are prohibited from possessing a firearm.