Identity theft allegations can arise from far more than possessing a stolen driver’s license or credit card. Modern investigations may involve online accounts, financial applications, Social Security numbers, payment information, tax records, medical information, or other identifying data.
These cases can quickly become complicated when investigators attempt to connect digital activity to a particular person. An account, device, IP address, or financial transaction may provide evidence, but it does not necessarily establish who actually used the information or what that person intended.
An Identity Theft Defense Attorney can examine how identifying information was allegedly obtained and used, analyze digital and financial evidence, and challenge the government’s conclusions. Milner & Wynne represents individuals facing serious identity theft, fraud, and other white collar criminal allegations in Texas and federal courts.
What Is Considered Identity Theft?
“Identity theft” can describe several different forms of conduct rather than one universal criminal charge.
Generally, these cases involve allegations that someone unlawfully possessed, transferred, or used another person’s identifying information.
Depending on the circumstances, disputed information may include:
- Names
- Social Security numbers
- Driver’s license information
- Bank account numbers
- Credit or debit card information
- Online account credentials
- Dates of birth
- Government identification numbers
- Electronic identification information
- Financial information
The applicable law depends on where the alleged conduct occurred and how the information was supposedly used.
Identity Theft Charges Under Texas Law
Texas Penal Code § 32.51 addresses fraudulent use or possession of identifying information.
The statute can apply when prosecutors allege that someone, with the required intent, obtained, possessed, transferred, or used another person’s identifying information without the person’s consent.
The seriousness of an offense can depend partly on the amount of identifying information involved and other circumstances specified by Texas law.
Possession alone, however, does not answer every issue in a criminal case.
The prosecution still must connect the defendant to the information and establish the required criminal intent.
An Identity Theft Defense Attorney can examine how the information came into a defendant’s possession and whether the evidence actually supports the government’s allegations.
When Identity Theft Becomes a Federal Case
Identity theft can also result in federal criminal charges.
Federal jurisdiction may arise when identifying information is used in connection with other federal offenses or interstate activity. Identity-related allegations frequently appear alongside federal fraud investigations.
Potential related charges can include:
- Bank fraud
- Wire fraud
- Mail fraud
- Credit card fraud
- Healthcare fraud
- Tax fraud
- Internet fraud
- Conspiracy
For example, prosecutors might allege that another person’s identity was used to open an account, submit an application, obtain funds, or participate in a larger fraudulent scheme.
Federal investigations can involve the FBI, IRS-CI, U.S. Postal Inspection Service, or other agencies depending on the underlying allegations.
Identity Theft Versus Aggravated Identity Theft
Federal aggravated identity theft deserves particular attention because it is a separate offense with significant sentencing consequences.
Under 18 U.S.C. § 1028A, certain conduct involving the knowing transfer, possession, or use, without lawful authority, of another person’s means of identification during and in relation to specified felony offenses can result in an additional mandatory two-year prison term.
That sentence generally runs consecutively to punishment imposed for the underlying qualifying felony.
This makes aggravated identity theft different from a general allegation that someone’s personal information was misused.
Prosecutors must establish the requirements of § 1028A, including the necessary connection between the identification and a qualifying predicate offense.
The government must also prove that the defendant knew the means of identification belonged to another actual person.
How Identity Theft Investigations Develop
Identity theft cases often begin when a person reports unauthorized activity.
A bank may identify suspicious transactions. A consumer may discover an unfamiliar account. A business may detect a questionable application. Authorities investigating a separate fraud scheme may also uncover personal information belonging to other people.
Investigators may collect:
- Account applications
- Bank records
- Credit card statements
- Emails
- Text messages
- Computer records
- Phone records
- IP address information
- Login histories
- Surveillance footage
- Transaction records
- Government identification documents
- Electronic devices
The resulting case may depend heavily on connecting this evidence to a particular defendant.
Digital Evidence and Attribution
Digital evidence can be powerful, but attribution can become a major issue.
Suppose investigators determine that an online account was accessed from a particular computer or internet connection. That evidence may establish where activity originated, but it may not automatically identify the individual who performed it.
Computers can be shared. Multiple people may use the same internet connection. Passwords can be compromised. Phones and other devices can be accessible to other individuals.
Similar issues arise with online accounts.
Investigators may assume that an account belongs to the person whose name appears on it, even when someone else had access.
An Identity Theft Defense Attorney can examine device access, login records, account histories, and other evidence before accepting the government’s attribution of digital activity.
Financial Records in Identity Theft Cases
Identity theft allegations frequently overlap with financial transactions.
Investigators may attempt to trace money from an account opened with allegedly stolen information to another bank account, purchase, withdrawal, or individual.
The defense can examine the complete financial trail.
Important questions may include who opened an account, who controlled it, where money originated, who benefited from the transactions, and whether surveillance or other evidence identifies the person involved.
A financial connection to a disputed account does not necessarily establish knowledge that another person’s identity was unlawfully used.
Possession of Identifying Information
Some investigations involve large quantities of personal information discovered on a computer, phone, storage device, or physical documents.
The government may characterize the collection as evidence of identity theft or a larger fraud scheme.
Context remains important.
A business may legitimately possess customer information. Employees can have access to sensitive records as part of their jobs. Healthcare and financial organizations routinely maintain identifying information belonging to thousands of people.
The defense can examine why the information was present, who had access to it, and whether evidence establishes unlawful intent.
Identity Theft and Fraud Schemes
Identity theft charges often become one component of a broader federal fraud prosecution.
Prosecutors may allege that stolen identities were used to obtain loans, access accounts, submit insurance claims, receive government benefits, make purchases, or conduct other financial transactions.
A single investigation can therefore produce several different charges.
For example, prosecutors might pursue wire fraud based on electronic communications while separately alleging aggravated identity theft based on another person’s identifying information.
Each offense has distinct elements.
Evidence that someone participated in one part of a transaction does not automatically establish every additional charge.
Defending Against Identity Theft Charges
The appropriate defense depends on the identifying information, alleged use, digital evidence, and defendant’s role.
An Identity Theft Defense Attorney may examine issues such as:
- Lack of criminal intent
- Lack of knowledge
- Mistaken identity
- Shared computers or devices
- Compromised online accounts
- Lawful access to identifying information
- Consent to use the information
- Incorrect digital attribution
- Lack of connection to disputed transactions
- Unreliable witnesses
- Insufficient evidence
Federal aggravated identity theft charges can require additional analysis concerning whether the defendant knew the identification belonged to another person and whether its use occurred during and in relation to a qualifying felony.
The defense may also evaluate whether investigators lawfully obtained electronic devices, account records, or other evidence.
Potential Consequences of Identity Theft Charges
Penalties depend on whether charges are filed under Texas or federal law and which statutes apply.
Texas penalties can vary based on the circumstances and quantity of identifying information involved.
Federal offenses can carry substantial potential prison sentences and financial penalties.
Aggravated identity theft under 18 U.S.C. § 1028A is particularly significant because a conviction generally carries a mandatory two-year prison term that runs consecutively to the sentence for the qualifying underlying felony.
Other consequences can include fines, restitution, forfeiture, probation or supervised release, and damage to professional licenses or employment.
When several fraud and identity-related counts appear in one indictment, potential sentencing exposure can become considerably more complex.
Identity Theft Defense in Dallas
Milner & Wynne focuses exclusively on criminal defense and identifies identity theft among the white collar and federal criminal matters the firm handles.
George R. Milner III has practiced criminal law since 1992. He began his legal career as an assistant district attorney in Dallas County before entering criminal defense. His practice includes complex white collar litigation and criminal cases in state and federal courts.
Identity theft cases increasingly depend on electronic evidence. Determining who actually controlled an account or device, what that person knew, and whether identifying information was used unlawfully can be essential to evaluating the government’s allegations.
Frequently Asked Questions About Identity Theft
Can I be charged with identity theft without stealing someone’s physical ID?
Yes. Identity theft allegations can involve electronic or financial identifying information without the physical theft of an identification card.
Is identity theft a state or federal crime?
It can be either. Texas has its own identity theft-related laws, while federal statutes can apply depending on the conduct and related offenses.
What is aggravated identity theft?
Aggravated identity theft under 18 U.S.C. § 1028A involves certain unlawful uses, transfers, or possession of another person’s means of identification during and in relation to specified federal felonies.
Does aggravated identity theft carry mandatory prison time?
A conviction under § 1028A generally carries a mandatory two-year prison term that must run consecutively to the punishment for the qualifying underlying offense.
Can someone be charged because identity information was found on their computer?
Potentially, but the presence of information does not resolve questions about who placed it there, who had access to the device, why the information was possessed, or whether the required criminal intent existed.
When should I contact an Identity Theft Defense Attorney?
Consider seeking counsel if investigators ask about another person’s identifying information, federal agents contact you, authorities seize your electronic devices, you receive a subpoena, or criminal charges are filed. Defense representation can begin during the investigation.
Speak With an Identity Theft Defense Attorney
The presence of another person’s identifying information does not automatically prove identity theft. Prosecutors must connect the defendant to the alleged conduct and establish the knowledge, intent, and other elements required by the applicable statute.
Milner & Wynne represents individuals facing identity theft and related white collar criminal allegations in state and federal court. If authorities are investigating your use or possession of personal, financial, or electronic identifying information, an Identity Theft Defense Attorney can evaluate the evidence, protect your rights, and help develop an appropriate defense.