Identity Theft—South Florida

Ten individuals were arrested in southern Florida on charges of conspiracy to commit bank fraud, bank fraud, conspiracy to commit aggravated identity theft, and aggravated identity theft.^[1] Alleging that the ten people used “counter-surveillance tactics and disguises” to defraud banks and individuals out of more than four million dollars, the US Attorney’s Office in Miami sad that the scam involved cashing forged checks, taking over bank accounts by impersonating the true owners, and using stolen credit cards.^[2] The individuals allegedly broke into homes and cars to get the identification and credit cards.^[3] They then forged identities and used the drive-though lanes at local banks to impersonate the individuals whose identities were stolen.^[4]

Bank Fraud
Under 18 U.S.C. § 1344, it is a crime for a person to execute a scheme or artifice to obtain money from a financial institution by means of false representation.^[5]

The punishment for a violation of section 1344 is a fine of up to $1,000,000, imprisonment for up to 30 years, or both.

Aggravated Identity Theft
Under 18 U.S.C. § 1028A, it is a crime for a person to use a means of identification of another person during the commission of any felony violation enumerated in 18 U.S.C. § 1028A(c).^[6] Bank fraud is one of those enumerated felonies.

The punishment for violation section 1028A is two years of imprisonment in addition to whatever sentence the defendant receives for the commission of the felony.^[7]

Conspiracy to Commit Bank Fraud
Under 18 U.S.C. § 1349, anyone who conspires to commit bank fraud will be punished in the same manner as if he had actually committed bank fraud.

Conspiracy to Commit Aggravated Identity Theft
Under 18 U.S.C. § 371, it is a crime for a person to conspire with another person to defraud the United States. There is an overt act requirement to this statute.

The punishment for a violation of section 371 is a fine, imprisonment for up to 5 years, or both.

---

[1] US Attorney’s Office, Press Release: Ten Charged in Connection With $4 Million Bank Fraud and Identity Theft Ring, Oct. 6, 2005, available here [hereinafter USAO].
[2] US Authorities Smash Florida ID Theft Ring, Agence France-Presse, Oct. 6, 2005, available here.
[3] Id.
[4] USAO, supra note 1.
[5] 18 U.S.C. § 1344(2).
[6] Id. § 1028A(a)(1).
[7] Id.