August 6, 2018

Fast Fact: Identity fraud is a crime! No, really! Even for illegal aliens! Title 18 United States Code – Section 1028

Posted by D.A. King at 8:51 am - Email the author   Print This Post Print This Post  

 

The Identity Theft and Assumption Deterrence Act of 1998 which became effective October 30, 1998, makes identity theft a Federal crime with penalties up to 15 years imprisonment and a maximum fine of $250,000. It establishes that the person whose identity was stolen is a true victim. Here.

Identity Theft and Assumption Deterrence Act of 1998 – Amends the Federal criminal code to prohibit identity fraud. Imposes penalties upon anyone who, in interstate or foreign commerce or through the use of a communication facility, knowingly, with intent to defraud, and in order to receive payment or any thing the aggregate value of which is at least $1,000: (1) receives, acquires, obtains, purchases, sells, transfers, traffics in, steals, possesses, or uses any personal identifier, identification device, personal information or data, or other document or means of identification of any other entity or person; (2) assumes, adopts, takes, acquires, or uses the identity of any other entity or person; or (3) attempts, solicits another person, or conspires with another person to commit such offense. Here.

“That 20-year-old law carries with it penalties of up to 15 years in prison and a maximum fine of $250,000.”

Authorizes the United States Secret Service to investigate offenses under this Act, subject to terms of an agreement to be entered with the Secretary of the Treasury.

Directs the United States Sentencing Commission to amend the Federal sentencing guidelines to provide for sentencing enhancements for a defendant who is convicted of an offense under this Act in connection with another specified offense, based on: (1) the number of victims involved; (2) whether the offense involves the stealing or destroying of a quantity of undelivered U.S. mail; and (3) the potential loss that could have resulted from such offense.