Identity Theft Crimes

Falsely posing as another person is a criminal act and carries serious penalties. Identity Theft is fraudulent and the fastest growing crime in the United States.

Identity Theft affects millions of Americans each year, costing the FBI an average of $15,000 per Identity Theft case. If you have been charged with identity theft you should contact our offices about your options.

What is Identity Theft?

Identity Theft is a crime in which someone wrongfully obtains and uses someone’s personal information to commit fraud and other illegal activities. The most common types of Identity

Theft include Internet Identity Theft, Credit Card Identity Theft, Computer Identity Theft, Bank Identity Theft, Social Security Identity Theft, and Credit Union Identity Theft.

Identity Theft Information

Stolen personal information can vary, but usually includes some or all of the following:

• Name
• Address
• Social Security Number
• Date of Birth
• Telephone Number
• Bank Account Number (s)
• Credit Card Number (s)
• Mother’s Maiden Name
• Passwords for Access into:
• Bank Accounts
• Credit Cards
• Other Sensitive Data
• Colorado Identity Theft Law

Types of Fraud

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.

Colorado Identity Theft Laws

The Most Common Colorado State Identity Theft Laws Are:

• Colorado 18-5-901 et seq. Identity Theft – Criminal Possession of a Financial Device
• Gathering Identity Information By Deception Possession of Identity Theft Tools – Class Four Felony
• Criminal possession of one financial device is a Class 1 misdemeanor.
• Criminal possession of two or more financial devices is a Class 6 felony.
• Criminal possession of four or more financial devices, of which at least two are issued to different account holders, is a Class 5 felony

Other Possible Crimes That may be Charged as Identity Theft

• Forgery, 18-5-102
• Possession of forgery devices, 18-5-109
• Theft, 18-4-401
• Theft of trade secrets, 18-4-408
• Theft of medical records or medical information, 18-4-412
• Definitions relating to forgery, 18-5-101
• Forgery, 18-5-102
• Second degree forgery, 18-5-104
• Use of a forged academic record, 18-5-104.5
• Criminal possession of a forged instrument, 18-5-105
• Criminal possession of second degree forged instrument, 18-5-107
• Criminal possession of forgery devices, 18-5-109
• Trademark counterfeiting, 18-5-110.5
• Obtaining signature by deception, 18-5-112
• Criminal impersonation, 18-5-113
• Offering a false instrument for recording, 18-5-114
• Fraud by check, 18-5-205
• Defrauding a secured creditor or debtor, 18-5-206
• Issuing a false financial statement, 18-5-209
• Definitions relating to financial transaction devices, 18-5-701
• Unauthorized use of a financial transaction device, 18-5-702
• Criminal possession of a financial transaction device, 18-5-703
• Sale or possession for sale of a financial transaction device, 18-5-704
• Criminal possession or sale of a blank financial transaction device, 18-5-705
• Criminal possession of forgery devices, 18-5-706
• Unlawful manufacture of a financial transaction device, 18-5-707
• Definitions relating to computer crime, 18-5.5-101
• Computer crime, 18-5.5-102
• False reporting to authorities, 18-8-111
• Telecommunications crime, 18-9-309
• Definitions relating to pawn shop records, 18-16-102
• Purchaser to identify seller, 18-16-103
• Purchaser to maintain register and obtain declaration of seller’s ownership, 18-16-105
• Penalty for failure to identity or maintain records, 18-16-108
• Unlawful possession or use of drivers license, 42-2-136
• Unlawful acts involving identification cards, 42-2-309

What is the Difference Between Data Theft and Identity Theft?

Data theft occurs when someone obtains your personal information, such as your Social Security number in combination with other identifying information, without your permission. Identity theft occurs when that information is used for any fraudulent or other unlawful purpose. The goal of the identity thief is to steal personal information sufficient to impersonate a victim in order to obtain credit cards, loans, and other items of value in the victim’s name. The unlawful acquisition of personal identifying information does not necessarily mean that identity theft has occurred.

Federal Identify Theft – Criminal Laws

• Identification fraud, 18 U.S.C. 1028(a)(1)-(6)
• Identity theft, 18 U.S.C. 1028(a)(7)
• 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
• Financial institution fraud, 18 U.S.C. 1344
• Mail theft, 18 U.S.C. 1708
• Immigration document fraud, 18 U.S.C. 154

Federal Identity Theft is considered to be a very serious crime, and often comes with other charges such as conspiracy, mail fraud, wire fraud, bank fraud or other charges. When facing serious federal offenses of this nature, it is necessary to get legal representation from a criminal defense lawyer that is familiar with the defense of financial crimes as well as the federal court system. Federal crimes generally carry stiffer fines and prison time and when dealing with such a charge, it is important that you have an aggressive criminal defense lawyer advising you and assisting you.

If you are under investigation in any such charge, do not wait to get a lawyer — that is the most urgent and necessary action that to take. Do not answer questions by investigators without first getting an attorney to advise you how to proceed. If you are under investigation, it is likely that you are considered to be a strong suspect. They are only trying to get enough information from you to arrest you.

If you are Charged With the Crime of Identity Theft

The District Attorney may file the case as either a felony or misdemeanor. As a misdemeanor, you could serve up to two years in jail. As a felony, you could face state prison time. How the Identity Theft charges are filed will depend on these factors:

The seriousness of the victim’s harm

• The monetary damage
• The crime’s sophistication
• The accuser’s past criminal record

If you are accused or charged with identity theft or internet fraud please contact our office for a free confidential consultation.

Our office only handles cases of those charged with these crimes. Victims of identity theft should contact their local law enforcement agency.

Contact a Denver, Colorado Identity Theft Defense Attorney H. Michael Steinberg of the Steinberg Colorado Criminal Defense Law Firm if you have been charged with Identity Theft or are under investigation for this crime.