Understanding Identity Theft
Identity theft is a term defined by the United States Department of Justice as the unlawful acquisition of another person’s personal information for fraudulent or deceptive purposes. Most often, this criminal activity is motivated by financial gain.
The Risk of Personal Data Theft
Unlike unique fingerprints that cannot be replicated or stolen, personal data is vulnerable, especially sensitive information such as Social Security numbers, driver’s license numbers, credit card numbers, and bank account details.
Consequences of Identity Theft
Once this information falls into the wrong hands, identity thieves can commit a myriad of fraudulent acts, including:
- Draining the victim’s bank account
- Accruing debts under the victim’s name
- Opening credit cards in the victim’s name
- Writing checks fraudulently using the victim’s details
- Ruining the victim’s credit history
- Claiming tax refunds meant for the victim
- Receiving Social Security benefits in the victim’s name
- Securing mortgages or auto loans using the victim’s identity
- Leading the victim to file for bankruptcy
The Impact of Identity Theft
The repercussions of identity theft can devastate victims financially and emotionally. For example, the U.S. Department of Justice highlights a notorious case where a convicted felon accumulated more than $100,000 in credit card debt under a victim’s name, along with acquiring real estate and high-value items such as motorcycles and firearms.
Evolution of Identity Theft Law
Initially, identity theft was not classified as a federal crime. However, after the suffering endured by the victim, who and his wife spent over $15,000 on credit restoration only to see the offender receive minimal punishment, the situation catalyzed legislative changes. In 1998, Congress enacted laws making identity theft a federal offense.
Ongoing Problematic Trends
Despite these legal advancements, identity theft remains a significant issue, particularly for citizens, financial institutions, and businesses. In fact, according to the California Department of Justice Office of the Attorney General, there were nearly 13 million reported victims in 2014 alone, translating to one identity theft victim every 2.5 seconds.
Legal Framework Surrounding Identity Theft
In California, the various forms of identity theft are encapsulated within the California Penal Code. Specifically, under Section 530.5(a), individuals who intentionally obtain another person’s identifying information for unlawful purposes, whether it be to attain property, goods, or services without consent, face severe penalties. This may include fines and imprisonment of up to one year.
Federal Regulations
On a federal scale, identity theft is governed by 18 U.S. Code § 1028. Under this statute, anyone found guilty of identity theft could be facing significant fines and a prison sentence of up to 30 years contingent upon the specifics of the crime.
Contact Legal Experts for Assistance
If you find yourself facing identity theft charges, whether at the state or federal level, especially within Oakland or surrounding areas, it is crucial to seek experienced legal representation. The Law Offices of Nabiel C. Ahmed specializes in Criminal Defense law and is here to assist you through this challenging time.
Get a Free Consultation
Don’t navigate the complexities of identity theft charges alone. Reach out to the Law Offices of Nabiel C. Ahmed for a free consultation at 510-576-5544. Let our legal experts help protect your rights and guide you through this ordeal.