Arizona Identity Theft Lawyer
In Arizona, identity theft is a crime that has been on the rise for quite some time and this has much to do with the fact that the use of the Internet and the supplying of financial information over the Internet is on the rise. Then again, there are individuals that use devices as skimmers and who will do something as simple as steal mail, checks, and other identifying information in order to assume someone’s identity in some way.
Nonetheless, accusations of identity theft do not always have a great deal of merit and this is because false accusations occur. Even if the claim is legitimate, the defendant deserves the best possible criminal defense to reduce the charges or even have them dismissed. This is what Myles A. Schneider can dedicate his time, his experience, and his knowledge to for you. We represent persons throughout Arizona including Phoenix, Scottsdale, Glendale, Mesa and more.
Identity Theft in Arizona
Identity theft and identity fraud are terms used to refer to all types of crime in which someone wrongfully obtains and uses another person’s personal data in some way that involves fraud or deception, typically for economic gain.
Identity theft laws in most states make it a crime to misuse another person’s identifying information — whether personal or financial. Such data (including Social Security numbers, credit history, and banking PINs) is often acquired through:
The offender’s unlawful access to information from government and financial entities
Lost or stolen mail, wallets and purses, identification, and credit or debit cards
Identity theft is one of the fastest-growing crimes in the nation, robbing its victims of time, money, and peace of mind. Identity thieves often use the Internet but also can obtain sensitive personal data from scams, database hacks, trash cans, and other unsecured locations.
The Identity Theft and Assumption Deterrence Act
Because of the rise of identity theft and its harmful consequences for victims of identity theft, Congress passed a law in 1998 making it a federal crime. Under the Identity Theft and Assumption Deterrence Act, it is a federal crime when a person knowingly transfers or uses, without lawful 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.
The Theft Penalty Enhancement Act of 2004
This law was followed by the Theft Penalty Enhancement Act in 2004, which increased penalties for “aggravated” identity theft, requiring courts to impose additional sentences of two years for general offenses and five years for terrorism-related offenses.
18 U.S. Code § 1028A – Aggravated identity theft
Whoever, during and in relation to any felony violation enumerated in subsection (c), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 2 years.
Whoever, during and in relation to any felony violation enumerated in section 2332b(g)(5)(B), knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person or a false identification document shall, in addition to the punishment provided for such felony, be sentenced to a term of imprisonment of 5 years.
(b)Consecutive Sentence.—Notwithstanding any other provision of law—
(1)a court shall not place on probation any person convicted of a violation of this section;
(2)except as provided in paragraph (4), no term of imprisonment imposed on a person under this section shall run concurrently with any other term of imprisonment imposed on the person under any other provision of law, including any term of imprisonment imposed for the felony during which the means of identification was transferred, possessed, or used;
(3)in determining any term of imprisonment to be imposed for the felony during which the means of identification was transferred, possessed, or used, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this section; and
(4)a term of imprisonment imposed on a person for a violation of this section may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person for an additional violation of this section, provided that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the Sentencing Commission pursuant to section 994 of title 28.
(c)Definition.—For purposes of this section, the term “felony violation enumerated in subsection (c)” means any offense that is a felony violation of—
(1)section 641 (relating to theft of public money, property, or rewards ), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), or section 664 (relating to theft from employee benefit plans);
(2)section 911 (relating to false personation of citizenship);
(3)section 922(a)(6) (relating to false statements in connection with the acquisition of a firearm);
(4)any provision contained in this chapter (relating to fraud and false statements), other than this section or section 1028(a)(7);
(5)any provision contained in chapter 63 (relating to mail, bank, and wire fraud);
(6)any provision contained in chapter 69 (relating to nationality and citizenship);
(7)any provision contained in chapter 75 (relating to passports and visas);
(8)section 523 of the Gramm-Leach-Bliley Act (15 U.S.C. 6823) (relating to obtaining customer information by false pretenses);
(9)section 243 or 266 of the Immigration and Nationality Act (8 U.S.C. 1253 and 1306) (relating to willfully failing to leave the United States after deportation and creating a counterfeit alien registration card);
(10)any provision contained in chapter 8 of title II of the Immigration and Nationality Act (8 U.S.C. 1321 et seq.) (relating to various immigration offenses); or
(11)section 208, 811, 1107(b), 1128B(a), or 1632 of the Social Security Act (42 U.S.C. 408, 1011, 1307(b), 1320a–7b(a), and 1383a) (relating to false statements relating to programs under the Act).
Contact An Arizona Identity Theft Attorney
If you have been accused of identity theft, you need an experienced attorney by your side to ensure the best possible result in your case. Myles A. Schneider has the experience at both the state and the federal level to defend such cases and the success record to prove it. To find out more about how you can receive the representation that you deserve, call 602-926-7373 to schedule a free consultation.