Featured News 2012 Define the Law: Identity Theft

Define the Law: Identity Theft

With the advent of the internet, it is a lot easier to obtain someone’s personal information. Many people plug their credit card information, Social Security number, name, address, and phone number into online forums every day. To purchase an item online, shoppers need to provide their bank account information, to obtain a loan you may need to provide Social Security information. People typically protect their information with a password and username, but even then those can be hacked. If a person knows another person’s e-mail address, he or she may be able to access passwords for online banking, shopping, and more.

Typically, scammers can steal information by sending out false-front e-mails. This is known as “phishing” and is illegal in the United States. The messages the victim may receive in his or her inbox will probably say that they are from PayPal, the IRS, or another government institution that would appear to be authoritative. The e-mail will claims that the recipient needs to respond immediately and provide information because if he or she doesn’t then his or her account will be closed or will receive another consequence. Some e-mails may say that if the recipient doesn’t respond quickly he or she will lose out on tax benefits or other money-saving strategies. The victim then will fill out a form with personal information that will be used against him or her in the future.

Scammers can also commit identity theft through spyware. This is a download that some people may accidentally place on their computer when they try to download illegal movies, music, or TV shows. Sometimes identity thieves can disguise the spyware as a game or a program. Once the spyware is installed on a computer, the program will collect all personal information off of that computer. This often includes credit card numbers and bank account numbers. The person that stole this information will then use it to purchase items on the internet. Sometimes Spyware can be hidden on an e-mail attachment as well.

Criminals also tend to use chat rooms to coerce their victims into giving them personal information. They will dangle investment opportunities or other deals in front of their victims and then slowly ask for personal information until they have all the passwords and numbers that they need. Some dating websites are fraught with criminals who are trying to get involved in relationships with interested parties and then lift their information. Victims who are searching for love online should be wary if a potential partner says that he or she needs money for airfare to come visit or says that a relative was put in prison and needs to be bailed out. Chances are that this is a scammer trying to get into personal information.

Regardless of how a thief gains the stolen identities, all states regardless this as a serious offense. Identity theft offenders are punished under the Fair and Accurate Credit Transactions Act. This federal law has helped the government to set up defenses against identity thieves and to punish them accordingly. Now, anyone who commits an aggravated identity theft in order to commit another federal offense can have their initial jail or prison sentence increased by 2 years. As well, anyone who commits identity theft in order to commit a terrorist act in the future gets an additional 5 years added onto his or her conviction.

The maximum penalty for identity theft under Federal law is three to five years per count. For example, a person who has stolen 20 identities could get up to 100 years in prison for his or her crime. Someone who has only stolen one identity can get off with a lighter sentence, but will still is sent to jail during that time. If you have been arrested for identity theft then you will want a lawyer on your side to help. This is a serious crime that can land you in deep trouble if you are not careful. Contact a criminal defense lawyer near you to get started on your case!

Related News:

Restoration of Civil Rights

Have you been convicted of a felony offense? In that case, you have likely lost your civil rights. What does that mean exactly? Though state laws vary from state to state, it generally means that you ...
Read More »

What to Do If You Missed Your Court Date

If you got so much as a traffic ticket, you could have gotten a summons or a notice to appear in the mail. Certain charges could also schedule court appearances for your arraignment, pre-trial ...
Read More »

The Sentence for Spying: The Dharun Ravi Case

Invasion of privacy is a serious issue, as a Rutgers University freshman named Dharun Ravi just discovered. This young man was sentenced to 30 days in jail for spying on his gay roommate, who later ...
Read More »