Identity Theft Defense

Identity theft is a crime under both federal and state statutes. Identity fraud schemes may also involve violations of other statutes, such as those involving the tax code, frauds, and other crimes of deceit. These violations can be charged as felonies that carry substantial penalties, in some cases up to 30 years imprisonment, fines and criminal forfeiture.

Our criminal tax defense practice sees the Identity theft and related crimes being charged as part of criminal and civil tax investigations because the IRS criminal investigation divisions have a long history of leading such investigations. Further, the way the statutes are written it is often an easier crime to prove, rather than tax evasion; making it an ideal charging crime for the prosecutor(s).

If you are under investigation or have been charged with an Identity Theft Crime, contact a federal criminal tax attorney immediately.

ID Theft Crimes & Punishment

Aggravated Identity Theft, 18 U.S.C. § 1028A(a)(1)
Conspiracy to defraud the government, 18 U.S. Code § 286
Conspiracy to commit international money laundering, 18 U.S. Code § 1956
False Claim for tax refund, 18 U.S. Code § 287
False Statement 18 U.S. Code § 1005
Theft of government property, 18 U.S.C. § 641
Wire fraud, 18 U.S. Code § 1343

Investigation and Enforcement:

NEWS: May 5, 2015 - Internal Revenue Service has set up a new criminal investigation team to tackle identity theft cases reported to it by taxpayers as well as other agencies.
Federal investigative agencies such as the Federal Bureau of Investigation (FBI), United States Secret service, and the United States Postal Inspection Services investigate identity theft and fraud cases.

Our Identity Theft Defense - Recent Case Examples:

MRT, an audiologist. Retained our firm and under investigation for aggravated identity theft, tax evasion, filing a false tax return, and embezzlement. While performing bookkeeping services for his employer, he issued business checks payable to himself, and forged the signature of an authorized signer on the checks (ID theft). The prosecutors dropped the aggravated identity theft charges (would have been 2 additional consecutive years per charge) and taxpayer pled to one count of tax evasion.

LL. We were able to negotiate a Queen for a Day Agreement with prosecutors and she testified as to her role in an OID scheme. Result - No ID theft charges, No tax evasion charges, and a civil agreement reached with the IRS as to her liabilities - resulting in her paying 60% of the tax and penalty due.

Recent Prosecutions:

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