If you are convicted of identity theft for the purpose of drug trafficking or in connection with a violent crime or a previous conviction for identity theft, sentences are up to 20 years in federal prison. Identity theft, also known as identity fraud, is a crime in which a fraudster receives important personally identifiable information (PII) such as Social Security or driver`s license numbers to impersonate someone else. In 2004, the Enhanced Penalties for Identity Theft Act was created to impose tougher penalties for serious identity theft. 18 U.S.C. § 1028A is used by federal prosecutors to charge someone with using certain identity information. 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. With enough identifying information on a person, a criminal can impersonate that person to commit various crimes. For example: 2) Be careful. Give out your Social Security number only when absolutely necessary. Sometimes you can replace another type of information. Never share personal information over the phone or over the Internet unless you are absolutely sure of the identity of the other party. Identity theft laws under 18 U.S.C.
§ 1028 make it an offence to misuse an individual`s identifying information, whether personal or financial. Personally identifying information may include Social Security numbers, driver`s license numbers, credit card or bank account information, and PIN numbers obtained from the Internet. This was followed in 2004 by the Enhanced Penalties for Theft Act, which increased penalties for “aggravated” identity theft and required courts to impose additional sentences of two years for general offences and five years for terrorist offences. If you know you are under investigation for identity theft or identity fraud, contact our federal defense attorneys to guide you in important early decisions regarding relationships with federal investigators or prosecutors. Perhaps we can negotiate to avoid a formal indictment. In the United States, victims of identity theft should file a complaint with the Federal Trade Commission (FTC) and notify one of the three major credit bureaus – Equifax, Experian or TransUnion – to obtain a fraud warning or security stop in their loan files. The stolen information can be used to incur debts when purchasing credits, goods, and services on behalf of the victim, or to provide the thief with false credentials. In rare cases, a fraudster may give the police a false piece of identification, create a criminal record, or leave outstanding warrants for the person whose identity was stolen. Plans to become identity theft or fraud may also include violations of other laws, such as identity fraud (18 U.S.C.
§ 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. Section 1341), wire transfer fraud (18 U.S.C. § 1343), or fraud involving financial institutions (18 U.S.C. § 1344). Each of these federal offences carries significant penalties – in some cases, up to 30 years in prison, fines and criminal forfeiture. Criminal identity theft is particularly ruthless; This happens when someone arrested for another crime gives the victim`s information to the police rather than their own. Criminal records, fines and unexecuted arrest warrants can thus be secretly linked to the names of innocent victims. (c) (1) A criminal imitation described in clause (a) is a Class B offence.
However, if the criminal identity theft was committed to falsely obtain a driver`s licence or photo identification, the maximum fine of $500 will be imposed. Victims seeking an alternative to insurance or assistance beyond insurance can use identity theft protection services. These services differ from identity theft insurance in that they can offer refunds of stolen funds, recovery services, and credit monitoring services for a fee. Identity theft insurance is available either as confirmation for landlords or tenants or as a stand-alone policy. They often have deductibles of $100 to $500. They also typically have benefit limits of $10,000 to $15,000. This means that damage that crosses the border is not fully covered and the victim must pay the difference. Review your reports. Write down any accounts or transactions you don`t know.
This will help you report the theft to the FTC and the police. For example, an identity thief could rummage through trash cans and steal someone`s old tax records or credit reports, obtaining their Social Security number, bank account information, date of birth, and other sensitive information in the process. Then, the scammer could use this information to open credit cards or borrow on behalf of another person with no intention of paying back the money. This is classic identity theft, which fills the thief`s pockets while ruining the victim`s credit file. Despite increased attention from federal agencies, the vast majority of these crimes are prosecuted by state and local agencies under their respective laws. Possible charges would be theft by deception, fraud or misuse of identity. Unlike robbery or burglary, identity theft often occurs without the victim`s knowledge. Most victims of identity theft only find out after seeing strange charges on their credit card statements or when they apply for a loan. While prevention is always the best guideline, personal information is sometimes exposed through security breaches at banks or businesses with which victims do business.
Thus, identity theft can also happen to well-prepared consumers. How serious is the situation? In 2016, Mexican Fernando Neave-Ceniceros, 42, pleaded guilty to illegally using someone else`s Social Security number to hide his identity and lack of legal status in the United States. The Associated Press reports that when Neave-Ceniceros was arrested and fingerprinted as a teenager, he used the false identity. This decades-old incident falsely linked Neave-Ceniceros to the victim, Marcus Calvillo. Real name fraud occurs when an identity thief uses a victim`s data to open new accounts. Thieves usually use these accounts to make large purchases that they never pay for.