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Aggravated Identity Theft in Florida

Miami Federal Attorney

With the advances in modern computer technology, incidences of identity theft has spread like wildfire across the United States and worldwide. The United States Department of Justice defines identity theft and identity fraud as all types of crimes where someone wrongfully obtains and uses someone else's personal information in some manner which involves fraud or deception, typically for the purpose of economic gain.

Unlike someone's fingerprints which are unique to the person and cannot be used by someone else, one's personal data such as their Social Security number, or their bank account number, or their credit card number, or their telephone number and other valuable identifying information can be stolen.

According to the United States Department of Justice, in the United States and Canada many people have reported that unauthorized people have taken funds out of their bank accounts, or in worst cases, completely stolen their identity, running up debts and committing crimes in the victims' names, all of which fall under the umbrella of identity theft.

18 USC § 1028A – Aggravated Identity Theft

In the United States, we have what is called the United States Code, which is the Code of Laws of the United States, commonly abbreviated to U.S.C. The United States Code (U.S.C.) is a compilation and codification of the general federal laws of the United States of America. Aggravated identity theft is covered under 18 USC § 1028A and it states the following:

In general, whomever during the commission of any felony violation enumerated in subsection (c) knowingly possesses, or uses, or transfers, without lawful authority a means of identification of another individual shall, in addition to the punishment provided under such felony, be sentenced to 2 years in prison.

Terrorism offense – Whoever, during and in connection to any felony offense covered in section 2332b (g)(5)(B), knowingly possesses, transfers, or uses, without lawful authority someone else's identification for a false identification document shall, in addition to the punishment for such felony, be sentenced to a 5 year term of imprisonment.

What's more, under the section covering a "consecutive sentence," the court shall not place a person on probation unless the term of imprisonment imposed for a violation of this section at the discretion of the court, was ordered to run concurrently at the same time for an additional violation of this section.

Types of Felony Violations

For the purposes of this section, the types of felony violations enumerated include any of the following:

  • Theft of public money, property, or rewards;
  • Crimes relating to theft;
  • Embezzlement;
  • Misapplication by bank officer or employee (relating to employee theft from employee benefit plans);
  • False personation of citizenship;
  • Making false statements when acquiring a firearm;
  • Fraud and false statements;
  • Mail, bank and wire fraud;
  • Nationality and citizenship;
  • Provisions relating to passports and visas;
  • Section 523 of the Gramm-Leach-Bliley Act (obtaining customer information by false pretenses);
  • Section 243 or 266 of the Immigration and Nationality Act (willfully failing to leave the U.S. after deportation and creating a counterfeit alien registration card);
  • Provisions contained in Chapter 8 of Title II of the INA (regarding various immigration offenses); and
  • Making false statements relating to programs under the Social Security Act.

Enlist the Defense of a Miami Federal Crime Lawyer

Anyone who is being charged with aggravated identity theft under this section faces the possibility of an additional two or five year term of imprisonment on top of the sentencing for the original federal crime. If you are facing charges for aggravated identity theft, then you are strongly urged to contact former Miami-Dade prosecutor Michael Mirer at once to defend yourself against such charges.

Miami Criminal Defense Attorney Michael Mirer handles all state and federal criminal cases and these include mail fraud, embezzlement, identity theft, money laundering and many more. As a federal crime lawyer, he has an in-depth understanding of U.S. federal laws and has worked extensively in the federal court system to zealously defend his clients.

Contact a Miami federal defense attorney at the Law Office of Michael Mirer, P.A. today for professional and aggressive legal representation in your aggravated identity theft case.

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