Understanding the Seriousness of Identity Theft Charges

 Posted on December 06, 2022 in Federal Crimes

You may be aware of the term “white-collar crime.” Generally, white-collar crimes involve the theft or misuse of a person or organization’s financial information to deceive the person or organization of capital or property. The crime of identity theft is a perfect example of a white-collar crime. Unfortunately, many people incorrectly believe that since white-collar crimes are generally non-violent, they are, therefore, not very serious and are something not to worry about. This could not be farther from the truth.  

If you have been charged with identity theft, you may face state and federal charges. Understand that if you are convicted of identity theft, you are likely facing stiff monetary penalties and extended prison sentences. To give yourself the best opportunity for a positive result in your case, you must consider hiring an experienced identity theft attorney who knows the law and will be able to inform you of your rights and ensure that your rights remain protected.

What Constitutes Identity Theft? 

Notably, several different activities may constitute a charge of identity theft. For instance, someone may be accused of identity theft if they unlawfully acquired an individual’s identifying information and then peddled or transferred that information to another person or used the information to deceive someone else. Often, identity theft may be brought forth with an additional related offense, like credit card fraud or wire fraud. For instance, an individual may be accused of contacting an intended victim via the telephone or email. At the same time, under false pretenses, they try to acquire that individual’s personal information, such as their Social Security Number. In this case, that would constitute wire fraud. Furthermore, identity theft would be committed if the perpetrator tried to use the private information they obtained under false pretenses to obtain a loan.  

Identity theft can be prosecuted as a federal crime whenever a person uses the mail or internet to contact an intended victim. It can also be a federal charge when an individual unlawfully obtains someone’s personal information under false pretenses in one state with the intent to commit legal activity and then sells that information to someone in another state.. This is an example of interstate fraud. In addition, identity theft reaches the federal level if the offense involves someone stealing someone’s identifying information unlawfully to violate federal laws, or committing a felony offense, thereby violating local or state laws. 

Contact a Chicago Identity Theft Attorney 

Being charged with a white-collar crime means that you could find yourself in severe legal jeopardy. A conviction on identity theft charges can result in hefty fines and decades in prison. To put yourself in the best position possible, consult the experienced Chicago identity theft lawyers with Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney. Call 312-629-0669 today for a free consultation.

Source: 

https://www.justice.gov/criminal-fraud/identity-theft/identity-theft-and-identity-fraud