Aggravated Identity Theft – Montana

Stephani L. Cook of Missoula pleaded guilty to bank fraud and aggravated identity theft in federal court.^[1] Cook is accused of running up $16,600 in bills by using a check card intended for someone else.^[2]

Cook allegedly obtained a Visa check card and personal identification number after the card was mailed to an incorrect address; the address was that of an unoccupied house. ^[3]

Between late 2005 and early 2006, the check card was used for 94 transactions totaling about $16,600, the U.S. attorney's office said.^[4] The card's intended recipient contacted the bank and law enforcement officials about the unauthorized use of the check card. ^[5]

Prosecutors said examination of surveillance tapes and photos showed Cook completing transactions, and copies of sales receipts would have shown that she forged the name of the person for whom the card was intended.^[6]

Identity theft, 18 U.S.C. § 1028 is fraud and related activity in connection with identification documents, authentication features, and information.^[7] The punishments vary from fines, imprisonment for not more than 5 years, 20 years or 30 years or both depending on the number of false identification documents, their issuing authority and uses.

However, in 2003, Section 1028 was amended to add Section 1028A aggravated identity theft, which provides stiffer penalties for identity theft including a mandatory two-year prison term.^[8]
President Bush remarked when he signed the bill,
The law I sign today will dramatically strengthen the fight against identity theft and fraud. This new law establishes in the federal criminal court the offense of aggravated identity theft. And someone convicted of that crime can expect to go to jail for stealing a person's good name. These punishments will come on top of any punishment for crimes that proceed from identity theft. For example, when someone is convicted of mail fraud in a case involving stolen personal information, judges will now impose two sentences, one for mail fraud, and one for aggravated identity theft. Those convicted of aggravated identity theft must serve an additional mandatory two-year prison term. Someone convicted of aggravated identity theft, such as using a false passport in connection with a terrorism case, would receive an additional prison sentence of five years. In addition, judges will not be allowed to let those convicted of aggravated identity theft serve their sentence on probation. ^[9]

For a comprehensive discussion of identity theft crimes, please visit our Federal Crimes website here.


[1] Missoula Woman Faces Fraud Sentence, Great Falls Tribune, February 12, 2007.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.
[7] 18 U.S.C. § 1028 (2005).
[8] 18 U.S.C. § 1028A (2005).
[9] President Bush Signs Identity Theft Enhanced Penalty Act, White House News Release, July 15, 2004.