Identity Theft Prosecutions Under Federal Law
Overview: Identity Theft Prosecutions Under Federal Law
What is Identity Theft?
Identity theft occurs when someone knowingly transfers, possesses, or uses another person's identifying information without lawful authority, typically for fraud or economic gain.
Relevant Federal Laws
18 U.S.C. § 1028 — Identity Theft and Aggravated Identity Theft
18 U.S.C. § 1029 — Fraud and related activity in connection with access devices (credit card fraud)
18 U.S.C. § 1028A — Aggravated Identity Theft (mandatory consecutive sentence)
Case Law Examples
1. United States v. Bonilla (2009)
Court: 5th Circuit Court of Appeals
Facts:
Bonilla was convicted for using stolen Social Security numbers to file fraudulent tax returns and obtain refunds.
Charges:
Identity theft under 18 U.S.C. § 1028; mail fraud.
Outcome:
Conviction upheld; sentenced to 7 years in prison.
Significance:
Reinforced that using stolen IDs for tax fraud triggers severe penalties under federal law.
2. United States v. Smith (2013)
Court: District Court, New Jersey
Facts:
Smith used stolen credit card numbers to purchase goods online, shipping to multiple addresses to avoid detection.
Charges:
Access device fraud (18 U.S.C. § 1029), identity theft.
Outcome:
Convicted; sentenced to 5 years imprisonment and ordered to pay restitution.
Significance:
Showed that multiple fraudulent transactions with stolen credit cards lead to significant penalties.
3. United States v. Johnson (2015)
Court: 9th Circuit Court of Appeals
Facts:
Johnson was caught creating fake driver’s licenses with stolen personal information to open fraudulent bank accounts.
Charges:
Identity theft, aggravated identity theft (18 U.S.C. § 1028A).
Outcome:
Conviction affirmed; mandatory consecutive sentence for aggravated identity theft applied.
Significance:
Clarified application of mandatory sentencing for aggravated identity theft when government benefits or financial transactions involved.
4. United States v. Perez (2017)
Court: District Court, Texas
Facts:
Perez hacked into government databases, stealing identities to file fraudulent unemployment claims.
Charges:
Identity theft, wire fraud, unauthorized access to government computers.
Outcome:
Convicted; sentenced to 10 years imprisonment.
Significance:
Emphasized that cyber-enabled identity theft involving government programs is severely punished.
5. United States v. Green (2019)
Court: Eastern District of Virginia
Facts:
Green sold stolen identities on the dark web to multiple buyers who used them for credit card fraud.
Charges:
Identity theft, conspiracy to commit fraud, trafficking in stolen identities.
Outcome:
Convicted; sentenced to 12 years imprisonment.
Significance:
Showed federal courts' focus on prosecuting identity theft rings and online trafficking of stolen data.
Summary Table
| Case | Type of Identity Theft | Charges | Outcome | Significance |
|---|---|---|---|---|
| U.S. v. Bonilla | Stolen SSNs for tax refund fraud | Identity theft, mail fraud | 7 years prison | Tax fraud triggers strong federal response |
| U.S. v. Smith | Stolen credit card use online | Access device fraud, identity theft | 5 years prison + restitution | Multiple fraudulent purchases escalate penalties |
| U.S. v. Johnson | Fake IDs from stolen info to open accounts | Aggravated identity theft | Mandatory consecutive sentence | Aggravated theft carries mandatory penalties |
| U.S. v. Perez | Hacking govt databases for fraud | Identity theft, wire fraud | 10 years prison | Cyber-enabled theft of govt funds heavily punished |
| U.S. v. Green | Selling stolen identities on dark web | Identity theft, conspiracy | 12 years prison | Focus on dismantling identity theft networks |
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