Identity theft and identity fraud refer to crimes in which a defendant wrongfully obtains and uses another person's personal information in some way that involves fraud or deception, usually for financial gain.

Identity theft is both a state and federal offense. Identity theft occurs when an individual illegally uses another person or business's identity to perpetrate a fraud. Identity theft may also involve charges such as mail fraud, wire fraud, mail theft or counterfeiting.

In particular, the United States Congress passed the Identity Theft and Assumption Deterrence Act in 1998, creating a new federal offense of identity theft. The law prohibits knowingly transferring or using, without proper authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

This offense carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense. Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). These federal offenses are felonies that carry heavy penalties ­ in some cases, as high as 30 years' incarceration, large fines, and asset seizure and forfeiture. Federal prosecutors work with the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to investigate and prosecute identity theft and fraud cases.

If you are facing investigation, arrest, or criminal charges for identity theft, please contact Anchor Criminal Defense for a free consultation.