Las Vegas Federal Identity Theft Defense Attorney
Identity theft is a federal crime that involves the unauthorized use of another person's personal identifying information to commit fraud or other criminal activities. Prosecuted under 18 U.S.C. § 1028, identity theft is often linked to larger schemes such as financial fraud, tax fraud, or credit card theft. Given the rise in digital technologies, identity theft cases have surged in recent years, leading federal authorities to aggressively pursue and prosecute these offenses.
At Hofland & Tomsheck, attorney Josh Tomsheck, a Nationally Board Certified Criminal Lawyer, is well-versed in defending clients against complex identity theft charges in federal court. If you are facing identity theft charges or are under federal investigation, it is crucial to have an experienced defense attorney on your side to protect your rights and future.
What Is Identity Theft?
Identity theft, as defined under 18 U.S.C. § 1028, involves the fraudulent use of another individual's personal identifying information, such as their name, Social Security number, credit card number, or driver's license number, without their consent. The purpose of the theft is usually to obtain money, goods, or services through deception.
To convict someone of identity theft, federal prosecutors must prove the following elements:
Unauthorized Use: The defendant knowingly used or possessed another person's personal identifying information without their permission.
Intent to Commit Fraud: The defendant had the intent to use the stolen identity to commit fraud or other criminal acts.
Actual or Attempted Harm: The defendant's actions either caused financial or reputational harm to the victim, or they intended to cause such harm.
Identity theft can occur in various forms, including but not limited to:
Credit card fraud: Using another person's credit card information to make unauthorized purchases.
Tax fraud: Filing false tax returns using someone else's identity to obtain a fraudulent refund.
Account takeover: Gaining access to a victim's financial accounts by stealing their personal information.
Case Law and Legal Precedents for Identity Theft
Several significant court cases have shaped the way identity theft is prosecuted under federal law. In Flores-Figueroa v. United States, 556 U.S. 646 (2009), the Supreme Court clarified the intent requirement in identity theft cases. The Court ruled that to convict someone of aggravated identity theft, the government must prove that the defendant knew the identifying information they used belonged to another actual person. This decision limited the prosecution's ability to convict individuals who used false information but did not realize it was tied to a real person.
In United States v. Doe, 661 F.3d 550 (11th Cir. 2011), the court upheld the conviction of a defendant charged with using stolen Social Security numbers to open fraudulent bank accounts. The court emphasized that even the attempt to use someone else's identity for fraudulent purposes, regardless of whether the scheme was successful, can result in an identity theft conviction.
Penalties for Identity Theft
Identity theft is a serious federal offense that carries severe penalties, especially when it is part of a larger scheme involving fraud or financial crimes. The penalties for identity theft under 18 U.S.C. § 1028 include:
Fines: A conviction for identity theft can result in fines of up to $250,000 or more, depending on the severity of the crime and the financial losses involved.
Imprisonment: The statutory maximum penalty for identity theft is up to 15 years in federal prison, depending on the nature of the crime. However, if the identity theft is part of an aggravated identity theft scheme (18 U.S.C. § 1028A), an additional two-year mandatory prison sentence is imposed on top of the penalty for the underlying crime.
Restitution: Individuals convicted of identity theft are typically required to pay restitution to the victims, compensating them for any financial losses incurred as a result of the theft.
The U.S. Sentencing Guidelines determine the advisory sentencing range for identity theft, taking into account factors such as the value of the fraud, the number of victims, and the defendant's role in the crime. Federal judges generally follow these guidelines when determining the final sentence.
Federal Investigations and Identity Theft Charges
Identity theft cases are often investigated by federal agencies such as the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), and the Secret Service. These investigations typically involve reviewing financial records, monitoring electronic communications, and tracking fraudulent transactions.
Federal investigations into identity theft can be lengthy and complex, often involving multiple jurisdictions if the theft crosses state or national borders. The use of digital technologies to commit identity theft—such as hacking into databases or using phishing schemes—has only increased the complexity of these investigations. If you are under investigation for identity theft, it is essential to seek legal representation as early as possible to protect your rights and ensure that your defense is prepared from the outset.
Defenses Against Identity Theft Charges
At Hofland & Tomsheck, we take a comprehensive approach to defending clients against identity theft charges. By carefully analyzing the facts of the case and challenging the government's evidence, we work to build a strong defense for each client. Common defenses against identity theft charges include:
Lack of Intent: One of the key elements of identity theft is intent. If the defendant did not knowingly or intentionally use another person's identity, the prosecution may not be able to prove their case. This defense may apply if the defendant accidentally used another person's identifying information or was unaware of its fraudulent use.
No Unauthorized Use: If the defendant had permission from the individual whose identity was used, this can serve as a defense. For example, if the victim consented to the use of their information, the charges may be challenged.
Mistaken Identity: In some cases, the defendant may be falsely accused of identity theft due to errors in the investigation or the involvement of a third party. Proving that someone else committed the crime can result in the dismissal of charges.
Insufficient Evidence: Identity theft cases often rely on digital or financial records, which can be flawed or incomplete. By challenging the validity of the evidence, we can raise doubts about the government's case.
Sentencing Guidelines for Identity Theft
Federal sentencing for identity theft is determined using the U.S. Sentencing Guidelines, which outline the advisory sentencing range based on several factors:
Amount of financial loss: Larger financial losses generally result in harsher penalties.
Number of victims: Identity theft cases involving numerous victims can lead to enhanced penalties.
Use of sophisticated means: The use of advanced technology or methods to commit identity theft, such as hacking or phishing, may result in a longer sentence.
Federal judges use the U.S. Sentencing Guidelines Manual to determine the appropriate sentence, but they also have discretion in applying the guidelines based on the specifics of the case.
Why Choose Josh Tomsheck for Your Identity Theft Defense
Facing federal identity theft charges can be overwhelming, but with the right defense attorney, you can protect your rights and fight back against the government's case. Josh Tomsheck is a Nationally Board Certified Criminal Lawyer with a proven track record of successfully defending clients against federal charges like identity theft.
As a former prosecutor, Josh has a deep understanding of how federal authorities build their cases and can develop strategies to challenge the government's evidence, discredit witnesses, and negotiate favorable outcomes for his clients. At Hofland & Tomsheck, we provide personalized legal representation, ensuring that every client receives the best possible defense.
Schedule Your Free, Confidential Consultation Today
If you are facing identity theft charges or are under investigation, contact Hofland & Tomsheck today to schedule a free, confidential consultation with Josh Tomsheck. We offer flexible consultation options, including in-person meetings, phone consultations, and Zoom sessions.
Call us at (702) 895-6760, or visit our office at 228 S. 4th Street, First Floor, Las Vegas, NV 89101. Let us help you protect your rights and build a strong defense against federal identity theft charges.
