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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
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Brendan huisman
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Guerline Menard
Guerline Menard
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Keisha Parris
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Taïko Beauty
Taïko Beauty
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Anthony Williams
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Loveth Okpedo
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divesh patel
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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 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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