Inappropriate Identity Theft Charges In White Collar Cases

Law360, New York (August 14, 2014, 10:16 AM EDT) -- In 2004, Congress created the crime of aggravated identity theft. Their goal was to supplement and strengthen the existing federal laws regarding identity fraud, a crime that victimized millions of Americans each year. In particular, Congress was concerned that defendants who committed identity theft were not being adequately punished for all of the nonmonetary harm they caused their victims.[1] As a result, the aggravated identity theft statute mandates a two-year prison term for any defendant who uses another person's identity to commit certain specified classes of federal felonies, including financial fraud, terrorism, immigration or citizenship fraud, and fraud against the government. Moreover, the two-year term (five years if the predicate crime is terrorism) must run consecutively to any other sentence imposed.[2]...

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