Federal Identity Theft

Identity Theft: How Josh Tomsheck of Hofland & Tomsheck Can Defend You Against Federal Identity Theft Charges

Identity theft involves the fraudulent use of another person’s personal information, such as their name, Social Security number, or credit card details, for financial gain or other illegal purposes. Federal identity theft charges are aggressively prosecuted under various federal statutes, including the Identity Theft and Assumption Deterrence Act. Convictions for federal identity theft can result in severe penalties, including long prison sentences, significant fines, and restitution to the victims.

If you or someone you know is facing federal identity theft charges, it is essential to have an experienced attorney who understands federal identity theft laws and can build an effective defense. Josh Tomsheck, a nationally Board-Certified criminal defense attorney with Hofland & Tomsheck, has successfully defended clients against federal identity theft charges. His knowledge of the law and his aggressive defense strategies make him a trusted advocate in these cases.

Understanding Federal Identity Theft Laws

Federal identity theft charges are prosecuted under several statutes, depending on the nature of the offense and the use of the stolen information. Common identity theft cases involve the fraudulent use of Social Security numbers, credit card information, or personal identification for financial fraud.

• Identity Theft and Assumption Deterrence Act (18 U.S.C. § 1028): This statute makes it a federal crime to knowingly produce, transfer, or use a means of identification (such as a Social Security number, driver’s license, or passport) belonging to another person with the intent to commit fraud. Penalties for violating this statute increase if the offense involves federal or state documents.
• Aggravated Identity Theft (18 U.S.C. § 1028A): This statute imposes additional penalties on individuals convicted of using another person’s identity to commit certain felonies, such as wire fraud, mail fraud, or bank fraud. A conviction for aggravated identity theft results in a mandatory additional sentence of two years in prison, to be served consecutively with the sentence for the underlying offense.
• Access Device Fraud (18 U.S.C. § 1029): This statute criminalizes the fraudulent use of access devices, such as credit cards, debit cards, and account numbers, to obtain money, goods, or services. Identity theft cases often involve access device fraud, as stolen credit card information is commonly used in fraudulent transactions.

Penalties for Federal Identity Theft Convictions

Federal identity theft convictions carry severe penalties, including long prison sentences, substantial fines, and restitution to the victims. The severity of the penalties depends on the nature of the offense, the amount of financial harm caused, and whether the defendant has prior convictions.

• Imprisonment: Convictions for identity theft can result in prison sentences ranging from 5 to 20 years, depending on the scope of the fraud and the defendant’s criminal history. If convicted of aggravated identity theft under 18 U.S.C. § 1028A, defendants face an additional mandatory sentence of two years.
• Fines: Identity theft convictions can result in significant fines, with penalties often reaching into the hundreds of thousands of dollars in cases involving largescale fraud or the use of stolen identities in financial crimes.
• Restitution: Defendants convicted of identity theft may be required to pay restitution to the victims to compensate for the financial losses resulting from the fraudulent use of their personal information.

Common Defenses in Federal Identity Theft Cases

When defending against federal identity theft charges, Josh Tomsheck uses a variety of defense strategies tailored to the specifics of each case. Some common defenses include:

• Lack of Knowledge or Intent: One of the key elements of identity theft is the intent to defraud. Josh Tomsheck can argue that the defendant did not know they were using another person’s information or did not intend to commit fraud, thereby challenging the prosecution’s ability to prove the required criminal intent.
• Mistaken Identity: In some cases, defendants are wrongfully accused of identity theft due to confusion or mistaken identity. Josh Tomsheck will investigate whether the defendant’s identity was confused with another individual or whether someone else committed the crime using the defendant’s personal information.
• Challenging the Evidence: Identity theft cases often rely on digital records, communications, or testimony from witnesses. Josh Tomsheck will thoroughly review the evidence to determine if it was lawfully obtained and whether it supports the charges. He may file motions to suppress improperly obtained evidence or challenge the credibility of witnesses.
• Consent of the Victim: In some cases, the alleged victim may have given permission for the defendant to use their personal information, such as allowing a family member or friend to use a credit card. Josh Tomsheck may argue that there was no intent to defraud because the defendant had the victim’s consent.
• Entrapment: Entrapment occurs when law enforcement induces an individual to commit a crime they otherwise would not have committed. If undercover agents or informants pressured the defendant into engaging in identity theft, Josh Tomsheck may argue that the defendant was entrapped.

How Josh Tomsheck Can Help You in Federal Identity Theft Cases

Federal identity theft cases are complex and require an attorney with a deep understanding of both criminal law and the intricacies of fraud and identity crimes. Josh Tomsheck is an experienced, nationally Board-Certified criminal defense lawyer who has successfully defended clients against a wide range of federal identity theft charges.

Here’s why Josh Tomsheck is the best choice for your defense:

• Expertise in Federal Identity Theft Law: Tomsheck’s knowledge of 18 U.S.C. § 1028, § 1028A, and § 1029 allows him to develop strong defense strategies tailored to the specific facts of each case.
• Proven Track Record in Federal Court: Josh Tomsheck has extensive experience defending clients in federal court and has successfully secured reduced sentences, dismissals, and acquittals for his clients in identity theft and fraud cases.
• Personalized Defense Strategy: Every case is different, and Josh Tomsheck takes the time to understand the specific facts and circumstances of each client’s case. He develops a personalized defense strategy aimed at minimizing penalties and protecting your rights.
• Aggressive Defense: Known for his dedication and tenacity, Josh Tomsheck will fight for you at every stage of the case, from pretrial motions to trial and sentencing. He is committed to securing the best possible outcome for his clients.

Contact Josh Tomsheck for a Consultation

If you or a loved one is facing federal identity theft charges, don’t wait to seek legal representation. Contact Josh Tomsheck at the Law Firm of Hofland & Tomsheck today for a consultation. With his experience, knowledge, and commitment to his clients, you can trust that your case is in capable hands.