Federal Identity Theft – 18 U.S.C. § 1028
What Is Federal Identity Theft Under 18 U.S.C. § 1028?
18 U.S.C. § 1028 is the primary federal identity theft statute. It makes it a felony to knowingly transfer, possess, or use another person's identifying information without lawful authority and with the intent to commit fraud or another felony.
Identity theft becomes a federal crime when it involves interstate commerce, large financial losses, organized schemes, or additional federal offenses.
A conviction can carry up to 15, 20, or even 30 years in federal prison, depending on the circumstances.
Federal identity theft cases are aggressively investigated and prosecuted by federal agencies and handled in the United States District Court.
Your best hope for a favorable outcome is with an experienced criminal defense attorney at the Hedding Law Firm in Los Angeles. To schedule a consultation, call (866) 986-2092 or use the contact form here.
What Is a “Means of Identification”?
Under federal law, a means of identification includes any name or number that may be used to identify a specific individual, including:
-
Social Security numbers
-
Credit or debit card numbers
-
Bank account numbers
-
Driver's license numbers
-
Passport numbers
-
Taxpayer identification numbers
-
Biometric data
-
Online login credentials
Federal law prohibits knowingly using this information without permission for unlawful purposes.
What Conduct Is Illegal Under 18 U.S.C. § 1028?
A person violates § 1028 when they:
-
Produce false identification documents
-
Transfer or possess stolen identifying information
-
Use someone else's identity to commit fraud
-
Possess document-making equipment with intent to defraud
-
Use another person's identity to obtain money, goods, or services
Common federal identity theft schemes include:
-
Filing fraudulent tax returns
-
Opening credit cards or loans in another person's name
-
Using stolen identities to withdraw cash from ATMs
-
Online phishing scams
-
Creating counterfeit IDs
-
Accessing personal data through hacking
Intent to defraud is required. The government must prove you knowingly acted with criminal intent.
What Is Aggravated Identity Theft – 18 U.S.C. § 1028A?
18 U.S.C. § 1028A is a separate federal offense called aggravated identity theft.
It applies when someone knowingly uses another person's identification in connection with certain felony crimes.
A conviction under § 1028A carries:
-
The sentence must run consecutively to any other sentence
-
Up to 5 years if related to terrorism
This means the judge cannot reduce the 2-year term, even if the underlying offense receives probation or a lower sentence.
Aggravated identity theft is frequently charged alongside:
Who Investigates Federal Identity Theft?
Federal identity theft cases are typically investigated by:
-
Federal Bureau of Investigation
-
United States Secret Service
-
Internal Revenue Service
-
Department of Homeland Security
These agencies often work with state and local task forces when the scheme involves large dollar amounts, multiple victims, or sophisticated cyber operations.
What Are the Penalties for 18 U.S.C. § 1028?
Penalties depend on the nature of the offense.
Standard Identity Theft
-
Up to 15 years in federal prison
-
Substantial fines
-
Restitution to victims
-
Asset forfeiture
Identity Theft Connected to Drug Trafficking or Violence
-
Up to 20 years in prison
Identity Theft Connected to Terrorism
-
Up to 30 years in prison
Aggravated Identity Theft (18 U.S.C. § 1028A)
-
Mandatory 2-year consecutive sentence
-
Mandatory 5-year sentence if terrorism-related
Federal sentencing guidelines may increase prison exposure based on:
-
Amount of financial loss
-
Number of victims
-
Sophistication of the scheme
-
Use of computer technology
-
Leadership role
-
Criminal history
How Federal Sentencing Is Calculated
Federal judges rely on the U.S. Sentencing Guidelines.
The calculation generally includes:
-
Base offense level
-
Loss amount enhancements
-
Number of victims
-
Use of authentication features
-
Sophisticated means enhancement
-
Role in the offense
-
Criminal history category
Even intended loss may be used to increase sentencing exposure.
What Must Prosecutors Prove?
To convict under 18 U.S.C. § 1028, the government must prove:
-
You knowingly used or possessed identifying information
-
The information belonged to a real person
-
You acted without lawful authority
-
You intended to commit fraud or another felony
Without proof of intent, the case may fail.
Related Federal Charges Often Filed
Identity theft is frequently charged alongside:
-
18 U.S.C. § 1029 access device fraud
-
18 U.S.C. § 1030 computer fraud
-
18 U.S.C. § 1341 mail fraud
-
18 U.S.C. § 1343 wire fraud
-
18 U.S.C. § 1344 bank fraud
Federal prosecutors often combine charges to increase leverage.
Common Defenses to Federal Identity Theft
Every case is fact-specific, but possible defenses include:
Lack of Intent
If there was no intent to defraud, a key element is missing.
Mistaken Identity
Digital crimes often rely on IP addresses and circumstantial evidence.
No Knowledge
If you did not know the identification belonged to a real person, the government may struggle to prove its case.
Authorization
You reasonably believed you had permission to use the identifying information.
Insufficient Evidence
Federal cases frequently rely on complex digital and financial analysis that can be challenged.
Illegal Search
Evidence obtained in violation of the Fourth Amendment may be suppressed.
Frequently Asked Questions
Is identity theft always a federal crime?
No. Many cases are prosecuted in state court. Federal charges typically involve interstate commerce or significant losses.
What makes identity theft “aggravated”?
Using someone's identification during certain felonies triggers a mandatory consecutive 2-year sentence.
Can I avoid prison?
Possible outcomes depend on loss amount, criminal history, role in the offense, and cooperation.
What should I do if federal agents contact me?
Do not agree to an interview without an attorney. You have the right to remain silent.
Why Early Federal Defense Is Critical
Federal investigations often begin months before charges are filed.
Early legal intervention can:
-
Prevent indictment
-
Limit additional charges
-
Challenge loss calculations
-
Negotiate cooperation agreements
-
Reduce sentencing exposure
Once aggravated identity theft is charged, the mandatory minimum makes early strategy even more important.
Charged With Federal Identity Theft?
Federal identity theft charges carry severe penalties and long-term consequences. These cases require a defense attorney experienced in federal court, sentencing guidelines, and fraud litigation.
An experienced federal criminal defense lawyer can:
-
Analyze evidence
-
Challenge intent
-
Negotiate with federal prosecutors
-
Seek reduced charges
-
Pursue sentencing mitigation
-
Prepare for trial if necessary
If you or a loved one is under investigation or charged with federal identity theft under 18 U.S.C. § 1028 or § 1028A, immediate legal representation is essential to protect your rights and future.
The Hedding Law Firm is here to help. Schedule your consultation today. Our law firm is based in Los Angeles, CA
Related Content: