Philadelphia Federal Identity Theft Charges: Laws, Penalties and Defense

Philadelphia Federal Identity Theft Charges: Laws, Penalties and Defense

Identity theft can be a nightmare. You go to file your taxes or apply for a loan only to find out someone else has been using your personal information, running up debt or committing fraud in your name. It’s an unfortunately common problem today, but when it rises to the federal level with charges brought by the U.S. government, it becomes an even more serious ordeal.

What constitutes identity theft under federal law?

There are two main federal laws used to charge defendants with identity theft in Philadelphia:

• 18 U.S.C. § 1028(a)(7): This law makes it a crime to transfer, possess or use someone else’s means of identification like their name, Social Security number, credit card number, etc. without lawful authority. Prosecutors often bring charges under this statute when alleging a defendant used stolen personal information to open fraudulent accounts, make purchases in the victim’s name, or commit other types of fraud.
• 18 U.S.C. § 1028A: This law provides additional penalties for “aggravated identity theft” where a defendant has stolen and used someone else’s identity information in connection with certain other federal crimes like fraud, theft, or terrorism offenses. This results in a mandatory minimum 2-year prison sentence if convicted of aggravated ID theft.

Penalties for Federal Identity Theft

The penalties for federal identity theft charges largely depend on what specific statutes you are charged under but can include:

• Up to 5 years in federal prison for “simple” identity theft under 18 U.S.C. § 1028(a)(7)
• Mandatory minimum 2 year prison sentence for aggravated identity theft under 18 U.S.C. § 1028A
• Fines up to $250,000 for individuals or $500,000 for organizations
• Restitution to any victims for financial losses
• Forfeiture of property involved in the crime
• Supervised release after completing prison term

The penalties get harsher the more victims targeted or the greater the losses inflicted. Prior records for fraud, ID theft or other financial crimes can also mean much longer sentences.

Defenses in Federal Identity Theft Cases

Some possible defenses to raise against federal identity theft charges include:

Lack of Intent

One defense is arguing you never intended to defraud anyone or commit identity theft. For example, maybe you were unaware the personal information you used belonged to a real person, or you had no intent to cause them harm? While not always successful, demonstrating lack of criminal intent could help achieve an acquittal or reduced charges.

Misidentification

In some cases, suspects get wrongfully accused of identity theft due to mistaken identification. If evidence suggests it was actually someone else who used the victim’s information, highlighting this misidentification could undermine the prosecution’s case.

Authorization

Another defense involves claiming you did have authority or permission to use the alleged victim’s means of identification. This is obviously much harder to prove if you don’t personally know the victim though.

Entrapment

If you can show that law enforcement induced or persuaded you to commit identity theft you otherwise wouldn’t have, an entrapment defense may succeed. However, this is tricky to argue as you still have to demonstrate a lack of predisposition.

Insanity/Diminished Capacity

Asserting you suffered from mental disease or defect that made you unable to understand the nature of your actions could also defeat charges, although the bar is very high here. Similarly, diminished capacity might reduce charges by negating intent.

Statute of Limitations Expiration

If evidence shows the identity theft occurred beyond the 5 year federal statute of limitations for these charges, you could potentially beat them on timeliness grounds.

Consult an Attorney!

Facing federal identity theft charges is extremely serious, with lengthy prison time and major fines at stake. The complexity of cybercrime laws combined with evidence from IP addresses, account records, surveillance footage and other digital sources makes mounting an effective defense very complicated for non-lawyers.

Your best chance (besides hoping charges just go away somehow) is retaining an experienced federal cybercrime attorney to carefully examine the prosecution’s case and raise every viable defense to avoid conviction or reduce penalties. A knowledgeable lawyer understands both the technical and legal nuances these cases entail. They can collect exonerating evidence, undermine the credibility of government witnesses, and highlight reasonable doubt regarding intent, identification, or other issues.

While securing acquittal of federal fraud charges is very difficult, an attorney may negotiate plea deals resulting in dropped charges, lower level convictions, or lighter sentencing recommendations. This can potentially help avoid mandatory minimums or years behind bars.

In Conclusion…

Being federally indicted for identity theft or fraud feels devastating, but skilled defense counsel can help mitigate damages. Just don’t panic, investigate defenses with expert help, and take advantage of any options to lessen potential penalties. This nightmare may yet have a awakening!