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Identity Theft


Identity Theft Overview

Last Updated April 14, 2009
Research shows that between eight and nine million Americans have their identities stolen each year. Although the median financial loss is only about $500, some people lose far more.

What Is Identity Theft?

Identity theft occurs when a criminal uses the personal information of another person to commit fraud. The information that is stolen may include credit card information, bank account information and checks, as well as social security numbers and other identifying information. The criminal activity may include charging items to an existing account, establishing new accounts, renting an apartment or even committing a crime under the stolen identity.

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Supreme Court Decides What an Adverb Modifies

Written by William Clugston, Esq.   
Last Updated June 27, 2009
Guest Commentary

On May 4th, the U.S. Supreme Court decided unanimously, in Flores-Figueroa v. United States, that the word "knowingly" modifies not only the verb, but also the direct object following the verb. In doing so, the Court also decided that illegal aliens cannot be found guilty of Aggravated Identity Theft unless they know their false identification numbers actually belong to someone else. Flores-Figueroa is a Mexican citizen who pled guilty to misuse of immigration documents and entering into the U.S. without inspection. Aggravated Identity Theft provides for two years to be added to the sentence of any such person if he "knowingly transfers, possesses or uses, without lawful authority, a means of identification of another person." 18 U.S.C. ยง1028A(a)(1).

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Identity Theft - C.F.R. Provisions

  CFR > Title 16 > Chapter I > Part 681 - Identity theft rules
 

Identity Theft - Selected State Laws

ArizonaArizona Laws > Title 12 > Chapter 6 > Article 3 - Establishing Identity
DelawareDelaware Code Title 6 > Chapter 22 - Credit And Identity Theft Protection
IdahoIdaho Code Title 28 > Chapter 51 - Identity Theft
MichiganMichigan Laws > Chapter 445 > Act 310 of 1984 - Cooperative Identity Protection Act
Michigan Laws > Chapter 445 > Act 452 of 2004 - Identity Theft Protection Act
New HampshireNew Hampshire Revised Statutes > Chapter 359-I - Identity Theft
North CarolinaNorth Carolina General Statutes Chapter 14 > Article 19C - Identity Fraud
North Carolina General Statutes Chapter 75 > Article 2A - Identity Theft Protection Act
North DakotaNorth Dakota Code > Chapter 51-31 - Identity Fraud
Rhode IslandRhode Island General Laws > Chapter 6-48. Consumer Empowerment and Identity Theft Prevention Act of 2006
Rhode Island General Laws > Chapter 11-49.1. Impersonation and Identity Fraud
Rhode Island General Laws > Chapter 11-49.2. Identity Theft Protection
South CarolinaSouth Carolina Code > Title 37 > Chapter 20 - Consumer Identity Theft Protection
South DakotaSouth Dakota Laws > Title 22 > Chapter 40 - Identity Crimes
TexasTexas Business and Commerce Code 53.001 - Store Lease Contract
Texas Business and Commerce Code > Title 11 > Subtitle B - Identity Theft
Texas Insurance Code > Title 5 > Subtitle F - Insurance Fraud and Identity Theft
Texas Occupations Code > Title 8 > Chapter 1306 - Identity Recovery Service Contract Providers and Administrators
West VirginiaWest Virginia Code > Chapter 46A > Article 6L - Theft Of Consumer Identity Protections

 

Questions & Answers: Identity Theft

Very well written article William! I appreciate that you provided both sides of the argument so clearly. Even someone like me, with no legal background can understand the issues at...
Is there a statute of limitation for receiving stolen property? Also, the recipients were not aware the property was stolen, but was given to them by a person who knowingly stole ...
Please note I have read this matter yet, mines is so unexplained where all I can say is I worked under this same name and alleged number since June 24, 1978 I was to be based on my...
 
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The Dickerson & Smith Law Group

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Practice Areas: Criminal Law
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