Identity Theft

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Liabilities For Identity Theft As Sanctioned By 18 USC 1028

Identity theft is made punishable under the provision of 18 USC 1028 when the act involves the use of another person’s identification that involves any fraudulent act that is unlawful. The main feature of the provision is the commission of fraud related to identification documents,  personal information and authentication features. The following acts are deemed unlawful:

  • Producing or transferring false identification documents and authenticating its feature without any lawful authority
  • Intention to use the identification documents in unlawful activities
  • Knowingly possessing identification documents with the intention of using the same with a fraudulent intent, or to abet, aid and assist the commission of a crime

The identity theft investigation usually involves the Federal Bureau of Investigation (FBI). The bureau has intensified its efforts in investigating the commission of the offense involving criminal organizations. Due to the wide scope by which the crime under 18 USC 1028 may be committed, other agencies like the Postal Inspection Service (PIS), Bureau of Immigration and Customs Enforcements, Social Security Administration and the Secret Service may also be involved in the investigation.

The 18 USC 1028 provides for the following sanctions in committing Identity theft:

  • Imprisonment of not more than 15 years for the act of producing or transferring of identification documents
  • Imprisonment of not more than 30 years if the commission is used to facilitate domestic or international terrorism
  • A fine
  • Both imprisonment and a fine
  • The same penalties are imposed in any one who conspires or attempts to commit the unlawful acts of identity theft
  • The properties or proceeds of the crime may be forfeited and seized
  • The fraudulent identification documents and document making tools may also be ordered by the court for destruction for being illicit.

Long-term prison sentence can sometimes be avoided in white collar crimes, such as an identity theft pursuant to 18 USC 1028. The White Collar Prison Consultants Inc. specializes in helping federal and state offenders to obtain sentence reductions through programs that can help provide alternative solutions to long term incarceration. Our consultation services employ investigative and research processes to assist inmates and their lawyers in finding the best solution and alternatives available to reduce prison terms of an inmate. Discuss possible solutions to your issues today. Contact White Collar Prison Consultants Inc at 855-818-3500. We’re here to help!