The U.S. Bureau of Justice reported that over 17 million consumers were victims of identity theft in 2014. The total annual losses associated with this crime were estimated at $15 billion. The Federal Reserve Bank of Philadelphia largely attributes the problem to breaches of highly sensitive personal data including names, birth dates, and Social Security numbers. This problem has resulted in a new emerging industry of “Identity Theft Protection Services” that is growing significantly.
Largest Types of Identity Theft
|
Work or Tax Fraud[1] |
Credit Card Fraud |
New Accounts |
Phone/Utility Fraud |
Bank Fraud |
Loans/Leases |
Government Benefits |
|
16.8% |
12.7% |
12.7% |
7.4% |
6.4% |
4.2% |
3.2% |
Impact of Smartphones
The Identity Theft Resource Center explains that smartphones place individuals at risk of identity theft. These devices are commonly lost or stolen and are linked to a user for “billing and account purposes.” They may be constantly moving in and out of Wi-Fi networks that may lack adequate security. Sensitive information is often accessible through the apps used.
Identity Theft in Pennsylvania (§4120)
Identify theft involves possessing or using information that identifies someone for unlawful action without their consent. Identifying information may be in the form of a document, image, photo, etc. Commonly involved documents include a birth certificate, driver's license, Social Security card, access card, employee or student identification card, and more. Often sensitive data such as bank account numbers, Social Security numbers, and student identification numbers are accessed electronically.
Grading of Identity Theft Offenses
- When the value involved in the offense is under $2,000, it is a first-degree misdemeanor
- When the value involved in the offense is at least $2,000, it is a third-degree felony
- If the offense is part of a criminal conspiracy, it is a third-degree felony regardless of the value involved
- Any third offense is enhanced to a second-degree felony
- Any offense is enhanced by one grade when the victim is under the age of 18 or over the age of 60
Restitution for Identity Theft (§1107.1)
The courts may order that restitution be made to victims of identity theft or access device fraud. The amount is based on what the court deems to be reasonable and may be in addition to other monetary penalties imposed. It may be ordered to investigate the theft, or for bringing or defending criminal or civil actions that have arisen from the theft. Often these funds are used to reverse damage to the victim's credit report. Funds are used for court costs or paid to accountants, attorneys, or credit bureaus.
Tax-Related Identity Theft
The IRS describes tax-related identity theft as the unlawful use of a Social Security number to file taxes and obtain a refund. Victims typically become aware of the crime when they attempt to file their taxes and the IRS reported they were already filed.
Attorney Defends Allegations of Theft in Bucks County
If you have been arrested and charged with identity theft, it is imperative to retain experienced legal representation. Those convicted of these crimes may be sentenced to a maximum of 10 years of incarceration and up to a $25,000 fine. Our Criminal Law Team has been defending criminal cases for many years in Pennsylvania courts. Contact the office today at 888-535-3686 for a consultation.
[1] https://www.iii.org/fact-statistic/facts-statistics-identity-theft-and-cybercrime
