Is Identity Theft a Federal Crime?

 Posted on January 17, 2019 in Identity Theft

Identity theft has become a well-known term in recent years. However, until recently it had no legal definition. It was not until the Identity Theft and Assumption Deterrence Act of 1998 that identity theft was recognized as a crime. And yes, it is now considered to be a federal crime. The penalties for identity theft are severe. Anyone charged with this crime needs to speak to an Illinois federal crimes attorney that can help with their case.

History of Identity Theft

Before 1998, identity theft was known as “false personation.” However, this crime involved someone misrepresenting their own identity rather than stealing someone else’s. False personation was very different than identity theft. While this crime may be committed so someone could avoid facing legal consequences of their actions, identity theft is nearly always about gaining access to someone else’s money.

Purpose of the Identity Theft and Assumption Deterrence Act of 1998

When this Act was created in 1998, it had four main purposes. The first was to recognize that identity theft was a crime against individuals. Until that point, it was largely seen as a crime against creditors. The second purpose of the Act was to make the general public aware that the Federal Trade Commission was and is the official organization where identity theft should be reported. The Act also increased penalties for identity theft and fraud. Lastly, it is very explicit in stating that stealing information is a crime. Prior to the Act, it was only a crime to produce or possess fake identity documents.

Other Laws Pertaining to Identity Theft

In addition to the Identity Theft and Assumption Deterrence Act of 1998, there have also been other laws created pertaining to identity theft. The Identity Theft Penalty Enhancement Act of 2004 is one such law. This Act defines aggravated identity theft. Aggravated identity theft occurs when someone steals another’s identity in order to commit a felony such as immigration violations, theft of Social Security benefits, and domestic terrorism. Four years later, the Identity Theft Enforcement and Restitution Act was enacted in 2008. This Act allows federal courts to prosecute even in cases when the victim and the perpetrator live in the same state. It also provides that restitution should be paid for any time spent correcting the problems caused by identity theft.

Penalties for Identity Theft

The penalties for identity theft will vary, depending on whether it is prosecuted as a misdemeanor or a felony. A misdemeanor conviction could result in the accused spending up to one year in jail. They could also be required to pay high fines to the federal court. A felony conviction, on the other hand, will be much more severe. These crimes carry a maximum penalty of up to 15 years in prison and fines.

Call the Illinois Federal Crime Lawyer that can Help

Being charged with identity theft is very serious. If you have been charged with this crime, get the help you need from an experienced Chicago federal crime lawyer today. The Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney will prepare a strong defense to give you the best chance of a successful outcome. These are not charges you want to fight on your own. Call us today at 312-629-0669 for your free consultation so we can start reviewing your case.

Source:

https://www.govinfo.gov/content/pkg/PLAW-108publ275/html/PLAW-108publ275.htm

https://www.govinfo.gov/content/pkg/PLAW-105publ318/pdf/PLAW-105publ318.pdf