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Old 11-12-2010, 09:12 AM
 
Location: Maryland
15,179 posts, read 15,809,199 times
Reputation: 3028

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Note the charge is document fraud, and not ID theft. After all, I’m sure the illegal didn’t realize the ID he stole belonged to a “real” person, which is required for an illegal to be charged with ID theft. And, he didn’t use the ID only for employment purposes, as evidenced by the collection calls received by the victim.

Quote:
An illegal alien from Mexico using a U.S. Marine’s identity to work unlawfully in the United States has pleaded guilty to document fraud. The plea calls for a one-year sentence in federal prison to be followed by mandatory deportation to Mexico. The conviction is an “aggravated felony” under U.S. immigration laws, which means the defendant is barred for life from returning to the United States once he is deported.
Illegal immigrant pleads guilty in theft of Marine's identity | Top Stories | Wichita Eagle
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Old 11-13-2010, 11:08 AM
 
4,628 posts, read 9,027,023 times
Reputation: 4225
Quote:
Originally Posted by Benicar View Post
Note the charge is document fraud, and not ID theft. After all, I’m sure the illegal didn’t realize the ID he stole belonged to a “real” person, which is required for an illegal to be charged with ID theft.
More great work by Eric holder's DOJ. Are you complaining that this individual wasn't additionally charged with ID theft as a separate charge?

Or would you've preferred that he be charged with ID theft under a state statute, be sentenced to six months in jail and be released after a few days because of over-crowding and his crime not being a violent one?

If there is a separate federal statute which covers ID theft alone, would you please tell me where you found that, because I couldn't.
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Old 11-13-2010, 11:15 AM
 
2,526 posts, read 2,313,186 times
Reputation: 326
Quote:
Originally Posted by Wicked Felina View Post
More great work by Eric holder's DOJ. Are you complaining that this individual wasn't additionally charged with ID theft as a separate charge?

Or would you've preferred that he be charged with ID theft under a state statute, be sentenced to six months in jail and be released after a few days because of over-crowding and his crime not being a violent one?

If there is a separate federal statute which covers ID theft alone, would you please tell me where you found that, because I couldn't.
Here you go :

United States Code: Title 18,1028. Fraud and related activity in connection with identification documents, authentication features, and information | LII / Legal Information Institute
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Old 11-13-2010, 11:30 AM
 
Location: Maryland
15,179 posts, read 15,809,199 times
Reputation: 3028
Quote:
Originally Posted by Wicked Felina View Post
More great work by Eric holder's DOJ. Are you complaining that this individual wasn't additionally charged with ID theft as a separate charge?

Or would you've preferred that he be charged with ID theft under a state statute, be sentenced to six months in jail and be released after a few days because of over-crowding and his crime not being a violent one?

If there is a separate federal statute which covers ID theft alone, would you please tell me where you found that, because I couldn't.
Had this person been a citizen, he would have been charged with felony ID theft, and sentenced accordingly.

Quote:
The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes.

18 U.S.C. § 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), 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), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses are felonies that carry substantial penalties * in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.
USDOJ: CRM: Fraud: Identity Theft and Identity Fraud
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Old 11-14-2010, 03:49 PM
 
4,628 posts, read 9,027,023 times
Reputation: 4225
thanks, but wrong one.

Thanks, Benicar.
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Old 11-14-2010, 09:23 PM
 
Location: Oklahoma(formerly SoCalif) Originally Mich,
13,387 posts, read 16,203,701 times
Reputation: 4611
Quote:
The victim, a Marine stationed at Miramar, Calif., recently had returned from overseas deployment. He began receiving calls from collection agencies about unpaid accounts opened in Kansas by Alcantara.
The stolen ID was used for more than just employment.
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