Identity Theft is Considered a Form of Criminal Fraud

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.

Colorado Identity Theft Criminal Defense Lawyer

• Theft, Forgery and Fraud
• Colorado Criminal Law- Theft by Receiving (18-4-410)
• Colorado Criminal Law – Theft
• Colorado Criminal Law – Criminal Impersonation
• Property Crimes: Theft or Larceny

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