The Crime & Consequences of Identity Theft

Identity theft and identity fraud are criminal activities where an individual unlawfully acquires another person's personal identifying information. This stolen information is then exploited for fraudulent purposes or deception. Typically, details such as Social Security numbers, birth dates, and other critical personal identifiers are misappropriated to illegally open bank accounts, apply for credit, file fraudulent tax returns, and engage in various other crimes under the victim's name. As our society becomes increasingly digital, these crimes are frequently linked to online activities. However, identity thieves also gather personal information from trash and other unsecured sources.

Minnesota Law states: A person who transfers, possesses, or uses an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft.

Personal Identifying Information

The key piece to identity theft crimes is the use of personal identifying information in a fraudulent manner. Such information includes:

• Name
• Date of birth
• Credit card numbers
• Social Security number
• Financial records
• Credit report data
• Driver’s license number
• Telephone numbers
• Medicare numbers
• Death certificates
• Passport numbers
• Biometric data (e.g. fingerprints, iris scans)
• Address
• Names of relatives
• Photographs
• Or anything else that can be used to identify someone

Fraudulent Intent

Since identity theft occurs when someone obtains, possesses, or uses someone else’s information with the intent to benefit from that information through fraudulent actions, identity fraud can be committed with no substantial benefit. For example, a customer gives a waiter their credit card to pay for their dinner bill. If the waiter takes a photo of the credit card number with the intent to use it later to purchase something for themselves, they have committed identity theft, even if they never purchase anything. As long as there is intent to fraudulently use that information to your benefit, identity theft has occurred.

Identity Theft Laws & Penalties

With the rise of identity theft and its harmful consequences, Congress passed a law in 1998 making it a federal crime. The Identity Theft and Assumption Deterrence Act makes it a federal crime for a person who “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law." This law was followed by the Theft Penalty Enhancement Act in 2004 which established penalties for “aggravated” identity theft. This is using the identity of another person to commit felony crimes, including immigration violations, theft of another’s Social Security benefits, and acts of domestic terrorism. The act required the court to sentence two additional years for a general offense and five years for a terrorism offense. Identity theft conviction can also lead to one or more of the following:

• Incarceration
• Fines
• Restitution. It is common for the courts to order restitution to compensate the victim for his/her loss. Restitution awards will vary depending on the circumstances of each case.
• Probation. A court may impose a probation sentence for first-time offenders of identity theft crimes that do not result in significant harm. Additional penalties may apply. Those on probation have to follow specific court-imposed restrictions while paying restitution and fines.

In the state of Minnesota (statute §609.527), identity theft offenses and penalties are noted below:

Legal Advice for Identity Theft

Being charged with identity theft or fraud is a serious crime. A conviction can lead to large fines and years in prison. Talk to a criminal defense attorney as soon as you are being investigated for, or charged with, an identity theft crime as this will be essential to protecting your rights throughout the criminal justice process. Bruno Law has experience with identity theft cases and has represented many clients. Contact us today for a free consultation.