Identity Theft Attorneys

Iden­tify theft, which is the fastest grow­ing crime in Amer­ica, is the fraud­u­lent or decep­tive use of another person’s iden­ti­fy­ing infor­ma­tion in con­nec­tion with some under­ly­ing crime. It is both a state and fed­eral crime. Because of its fast-growing nature, the fed­eral gov­ern­ment, in addi­tion to pros­e­cut­ing the crime itself, has pro­vided addi­tional resources to local law enforce­ment to help the problem.

Both state and fed­eral law refer to iden­ti­fy­ing infor­ma­tion, which gen­er­ally means any name or num­ber that may be used, alone, or in con­junc­tion with any other infor­ma­tion, to iden­tify a spe­cific indi­vid­ual. This includes, but is not lim­ited to, social secu­rity num­ber, bank account infor­ma­tion, driver’s license num­ber, credit card num­ber, fin­ger prints, unique

Col­orado Law

In Col­orado, there are five dif­fer­ent sce­nar­ios that will qual­ify as Iden­tify Theft. Four of these sce­nar­ios require that the per­son act “know­ingly.” This means that the per­son is aware that his or her con­duct is of such nature or that such cir­cum­stances exists as described in the statute. And that the per­son is aware that his con­duct is prac­ti­cally cer­tain to cause the result as described in the statute.

The five sce­nar­ios where a per­son com­mits iden­tify theft are:

  1. Know­ingly uses the per­sonal iden­ti­fy­ing infor­ma­tion, finan­cial iden­ti­fy­ing infor­ma­tion, or finan­cial device of another with­out per­mis­sion or law­ful author­ity with the intent to obtain cash, credit, prop­erty, ser­vices, or any other thing of value or to make a finan­cial pay­ment; or
  2. Know­ingly pos­sesses the per­sonal iden­ti­fy­ing infor­ma­tion, finan­cial iden­ti­fy­ing infor­ma­tion, or finan­cial device of another with­out per­mis­sion or law­ful author­ity, with the intent to use or to aid or per­mit some other per­son to use such infor­ma­tion or device to obtain cash, credit, prop­erty, ser­vices, or any other thing of value or to make a finan­cial pay­ment; or
  3.  With the intent to defraud, falsely makes, com­pletes, alters, or utters a writ­ten instru­ment or finan­cial device con­tain­ing any per­sonal iden­ti­fy­ing infor­ma­tion or finan­cial iden­ti­fy­ing infor­ma­tion of another; or
  4. Know­ingly pos­sesses the per­sonal iden­ti­fy­ing infor­ma­tion or finan­cial iden­ti­fy­ing infor­ma­tion of another with­out per­mis­sion or law­ful author­ity to use in apply­ing for or com­plet­ing an appli­ca­tion for a finan­cial device or other exten­sion of credit; or
  5. Know­ingly uses or pos­sesses the per­sonal iden­ti­fy­ing infor­ma­tion of another with­out per­mis­sion or law­ful author­ity with the intent to obtain a government-issued document.

Fed­eral Law

The fed­eral gov­ern­ment has passed two laws crim­i­nal­iz­ing iden­tity theft: “Iden­tity Theft,” 18 U.S.C. § 1028 and “Aggra­vated Iden­tity Theft,” 18 U.S.C. §1028A. The statutes are iden­ti­cal except that “Aggra­vated” spec­i­fies the under­ly­ing crimes in con­nec­tion with the offence, and car­ries a manda­tory two-year jail sentence.

Aggra­vated Iden­tity Theft must be per­pe­trated in rela­tion to a felony offence involv­ing false cit­i­zen­ship; the avoid­ance of U.S. deportation/removal pro­ceed­ings; immi­gra­tion law vio­la­tions; mail, bank and wire fraud; the acqui­si­tion of a firearm; theft of pub­lic money, prop­erty or awards; theft or embez­zle­ment by a bank offi­cer or employee; theft from an employee ben­e­fit plan; or social secu­rity benefits.