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Case Law Identity Theft

Federal Law on​ Identity Theft: the​ Department of​ Justice’s Case against Identity Theft
Are you aware of​ the​ present notorious crime in​ the​ United States of​ America and Canada? Until the​ present time,​ no other crime can be carried out with maniacal cruelty and audacity than identity theft.
It is​ now the​ fastest growing crime in​ America .​
In 2002,​ the​ Federal Trade Commission (FTC) reports that 43% of​ all fraud complaints they received are actually identity theft .​
By 2003,​ identity theft cases and incidents have already reached 9.9 million .​
In the​ United States,​ for every five families,​ one fall victim to​ the​ notoriety and insidiousness of​ the​ identity thieves .​
It is​ quite truly hard to​ prevent becoming a​ victim of​ identity theft .​
Even with taking every precaution in​ the​ book,​ in​ order to​ safeguard your personal information,​ the​ identity thieves seem to​ be one-step ahead.
The truth is​ you can never be sure if​ the​ known measure you do to​ prevent falling victim to​ identity theft are effective .​
There is​ still a​ prevalent insecurity every time you use your credit card,​ write a​ check,​ sign up for magazines,​ order something over the​ phone or​ internet or​ use your PIN number .​
Always,​ the​ possibility lurks that the​ information you are using will find its way exists that that information may get into the​ identity thieves .​
Just being aware of​ that fact and cautious about who you give your personal information to​ will put you far above the​ rest of​ the​ pack.
These crimes are estimated to​ have taken the​ average victim $500 and 30 hours to​ resolve .​
Some of​ the​ case starts from simple stolen credit cards to​ total identity kidnapping .​
These ugly and prevalent crimes are hard to​ prevent .​
There is​ also a​ difficulty to​ correct such cases .​
More often,​ especially on​ felons convicted before identity theft became a​ federal law case,​ there are no recriminations felt .​
Identity theft is​ one of​ the​ most insidious forms of​ white-collar crime .​
In a​ traditional fraud scheme,​ prospective victims are contacted directly by criminals who use lies and deception to​ persuade the​ victims to​ part with their money .​
The crime does not require direct interaction between the​ criminal and the​ victim .​
Identity theft is​ not a​ crime committed for its own sake .​
Criminals engage in​ identity theft to​ further and facilitate many other types of​ criminal offenses,​ including fraud .​
The recent federal prosecutions show some of​ the​ many ways in​ which people can commit identity theft crime .​
The powerful criminal statute,​ identity theft offense (18 U.S.C .​
§ 1028(a) (7)),​ and other federal criminal offenses.

The federal law against identity theft has not been possible until 1998 when exemplary cases of​ identity theft made it​ clear that the​ crime deserve a​ heavier sentence .​
Now,​ there are a​ number of​ federal laws applicable to​ identity theft .​
Some of​ these are used for prosecution of​ identity theft offenses .​
Some are there to​ assist victims in​ repairing recouping their credit record and reputation .​
The primary identity theft statute is​ 18 U.S.C .​
§ 1028(a) (7) enacted on​ October 30,​ 1998 .​
It became part of​ the​ Identity Theft and Assumption Deterrence Act (Identity Theft Act) .​
This was a​ solid support to​ strengthen the​ criminal offense of​ identity theft acts since the​ 18 U.S.C .​
§ 1028 previously addressed only the​ fraudulent creation,​ use,​ or​ transfer of​ identification documents,​ and not the​ theft or​ criminal use of​ the​ underlying personal information .​
To criminalize the​ fraud in​ connection with the​ unlawful theft and misuse of​ personal identifying information,​ the​ Identity Theft Act also added §1028(a) (7) .​
Now,​ regardless of​ whether the​ information appears or​ is​ used in​ documents this additional provision states that it​ is​ already unlawful for anyone who consciously transfer or​ use,​ without lawful authority the​ identification of​ another person.
The Identity Theft Act also made way for the​ review and amendment of​ Sentencing Guidelines and penalties imposed for each offense under Section 1028 by the​ United States Sentencing Commission .​
These major steps and many others,​ by the​ Federal government demonstrate that now,​ the​ whole US regards identity theft as​ a​ serious crime problem .​
Further,​ it​ is​ also an​ indication that the​ Federal government,​ together with the​ States is​ already requiring a​ comprehensive and coordinated approach to​ fighting identity theft .​
Since minute data shows that identity theft does not choose specific victims,​ even people who handle their personal data carefully are prone to​ become victims,​ federal prosecutors are now actively doing all means to​ combat it​ effectively .​
Throughout the​ country,​ the​ federal government assures that it​ will be a​ continuing campaign with close coordination with the​ FTC and other agencies.


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