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18 U.S.C. § 1028 – Identity fraud

What is 18 U.S.C. § 1028 – Identity Fraud?

There’s one reason you’re on this website: you’re looking for an elite criminal defense law firm to handle your identity fraud case. Well, you’ve come to the right place.18 U.S.C. § 1028 is the federal law that makes it a crime to commit identity fraud. But, take a deep breath – this doesn’t necessarily mean you’re going to prison. With the right legal team on your side, you can fight these charges.So, what do you do if you get hit with one of these things? First, don’t panic. Second, call the Spodek Law Group right away. We’re experts at defending against identity fraud charges.

What Exactly is Identity Fraud?

Under 18 U.S.C. § 1028, identity fraud means knowingly transferring or using, without legal authority, any means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity.In plain English? It’s when you use someone else’s personal information (like their name, Social Security number, etc.) to commit a crime. Some common examples:

  • Using a stolen credit card number to make purchases
  • Opening a bank account in someone else’s name
  • Filing a false tax return with a fake identity
  • Obtaining a loan or line of credit by pretending to be someone else

The key things to understand are:

  1. You have to knowingly use the identification
  2. It has to be without legal authority
  3. Your intent must be to commit an unlawful act

So if you accidentally used someone’s credit card number because you mixed up the numbers, that’s probably not identity fraud. But if you intentionally used a stolen identity to defraud a bank, that could be charged as identity fraud.

What Are the Penalties for Identity Fraud?

Identity fraud under 18 U.S.C. § 1028 is a serious felony offense. The potential penalties are harsh:

  • Up to 15 years in federal prison
  • A fine of up to $250,000
  • Supervised release after imprisonment

And that’s just for a basic identity fraud charge. If there are aggravating factors, like the fraud relating to terrorism, immigration documents, or a major crime, the penalties can be even higher – up to 30 years in prison.Plus, identity fraud convictions come with a ton of collateral consequences. You’ll have a permanent criminal record that can make it extremely difficult to find employment, housing, or loans. Your immigration status could be impacted if you’re not a U.S. citizen.So yeah, getting convicted of identity fraud is a really big deal. That’s why you need to take these charges extremely seriously right from the start.

What Are Some Defenses to Identity Fraud Charges?

Just because you’re charged with identity fraud doesn’t mean you’ll automatically be convicted. An experienced criminal defense attorney can raise a number of defenses, including:

Christine Twomey
Christine Twomey
2024-03-21
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Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
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Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Lack of Intent

Remember, to be guilty of identity fraud, you need to have knowingly used the identification with intent to commit an unlawful act. If you lacked that criminal intent, you can’t be convicted.For example, maybe you used a fake ID to get into a bar when you were underage. That’s illegal, sure. But your intent probably wasn’t to commit identity fraud – it was just to drink some beers. A good lawyer can argue you didn’t have the required criminal intent.

Mistaken Identity

In some cases, the prosecution simply has the wrong person. Perhaps the real perpetrator used your identity to commit the fraud. If your defense attorney can prove you were mistakenly identified, you can’t be convicted.

Entrapment

Entrapment is a defense that applies if law enforcement induced or persuaded you to commit a crime that you wouldn’t have committed otherwise. It’s not a very common defense for identity fraud, but it’s possible in some sting operation cases.

Constitutional Violations

The Fourth Amendment prohibits unreasonable searches and seizures. The Fifth Amendment requires due process of law. If law enforcement violated your constitutional rights in obtaining evidence against you, an attorney can get that evidence suppressed. With no evidence, the case may get dismissed.

Statute of Limitations

In most cases, federal prosecutors have 5 years to charge you with identity fraud from the date the crime was committed. If they waited too long, your lawyer can argue the statute of limitations ran out.These are just some of the potential defenses to identity fraud charges. Every case is unique, so an experienced attorney will analyze the specific facts to determine the best strategy.

How Can a Lawyer Help with Identity Fraud Charges?

Most law firms implement a cookie cutter strategy in order to fight your case, and save their own time. They don’t look carefully at your situation – they simply want to move on to the next case.At Spodek Law Group, we leave no stone unturned. We do everything possible to win. Everything we do is focused on getting you results. We understand the difficulties and challenges of going through a case.If you’re accused of identity fraud, schedule a consultation with our criminal attorneys today. Here’s how we can help:

Investigating the Facts

The first step is to conduct a thorough investigation into exactly what happened. We’ll analyze all the evidence, interview witnesses, and look for any holes in the prosecution’s case.Our team has decades of combined experience handling complex fraud cases. We know what to look for and how to build a strong defense strategy.

Negotiating with Prosecutors

Sometimes prosecutors will only be fair if you respond with force to them. Without an attorney advising you, you might accidentally plead guilty when you could’ve won the case.The only way to truly know is to hire a private criminal defense attorney. At Spodek Law Group – we pride ourselves on taking a hands-on approach. It means researching the exact situation surrounding your case, and putting in the leg work to be familiar with every single intimate detail.Our firm has excellent work ethics, and we constantly hold firm meetings in order to discuss and address all of our cases. In the event of an emergency – we have a full team of lawyers available to help you.

Protecting Your Rights

You have constitutional rights, and we’ll fight tooth and nail to protect them. From making sure you’re not interrogated without a lawyer present to battling against illegal searches, we’ll be your watchdog every step of the way.We understand how high the stakes are when you’re facing federal identity fraud charges. You’re trusting us with your life. We take that responsibility incredibly seriously.

Pursuing Alternatives to Conviction

Not every case needs to go to trial. In some situations, we may be able to get charges reduced or diverted through pre-trial programs. We’ll explore every possible avenue to keep you out of prison.Regardless of how tough your situation is – we are here to help you. Our criminal defense lawyers work hard to have a solution for you, irrespective of the situation you find yourself in.Many clients are often embarrassed by their situation, and don’t speak openly about their alleged issue. We encourage open dialogue, and recommend full transparency – so we can give you the best possible legal advice.

Why Choose Spodek Law Group?

When you’re up against serious federal charges like identity fraud, you can’t trust your case to just any attorney. You need a powerhouse firm with a proven track record of success. That’s Spodek Law Group.

Our Qualifications

  • Decades of combined experience handling federal crimes
  • Recognized as SuperLawyers and Top 100 Trial Lawyers
  • Aggressive litigators and skilled negotiators
  • In-depth knowledge of fraud, RICO, and white collar crime
  • Offices in major cities like NYC to best serve our clients

The Spodek Law Group handles cases nationwide. We have offices in NYC and Los Angeles. No matter where your charges originate, we can provide top-notch representation.

Our Approach

We understand that being accused of a crime can be an incredibly stressful and confusing experience. From day one, we’ll treat you with compassion and keep you informed every step of the way.Our attorneys will take the time to really understand your story. We know that every case is unique, with its own set of facts and circumstances. We’ll develop a customized defense strategy specifically tailored for your situation.And we’ll fight for you relentlessly in the courtroom. Our litigators are aggressive and leave no stone unturned in pursuing all potential defenses. We’re not intimidated by tough prosecutors or complex legal issues.When you hire Spodek Law Group, you’re bringing on a team of heavy hitters committed to doing whatever it takes to win your case.

Our Results

At the end of the day, results are what matter most. And we have an outstanding track record of getting great outcomes for our clients, including:

  • Acquittals at trial
  • Charges reduced or dismissed
  • Negotiated plea deals
  • Diversion program approvals
  • Overturned convictions on appeal

We’ve successfully defended clients charged with identity fraud, RICO violations, money laundering, tax evasion, and more. Our attorneys know how to strategically dismantle the prosecution’s case.

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