Identity Theft

Identity theft is a federal crime. 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.

Attorney William D. Ware is a former prosecutor with the skill and experience to analyze your case, challenge the evidence against you, and advise you on a course of action. Whether he is negotiating the best plea deal available or representing you at a trial, he understands the system and knows how to assert and protect your rights.

Federal crimes investigations involve complex procedures and convictions can result in serious consequences. Our firm offers strategic advocacy and experience in federal crimes to help represent you to the fullest during trial. Mr. Ware has an extensive background in handling complex crimes, including federal crimes.

Below are the statutes relative to Identity Theft.

N.J. Rev. Stat. §2C:21-17 et seq.

Impersonation; theft of identity

If the actor obtains a benefit or
deprives another of a benefit in an amount less than $500
and the offense involves the identity of one victim, the
actor shall be guilty of a crime of the fourth degree except
that a second or subsequent conviction for such an offense
constitutes a crime of the third degree.

If the actor obtains a benefit or
deprives another of a benefit in an amount of at least $500
but less than $75,000, or the offense involves the identity
of at least two but less than five victims, the actor shall
be guilty of a crime of the third degree.

If the actor obtains a benefit or
deprives another of a benefit in the amount of $75,000 or
more, or the offense involves the identity of five or more
victims, the actor shall be guilty of a crime of the second
degree.

N.J. Rev. Stat. §2C:21-17.1

Restitution

Restitution to a victim of an
offense under N.J.S.2C:21-1, section 1 of P.L.1983, c.565
(C.2C:21-2.1), N.J.S.2C:21-17, section 5 of P.L.2003, c.184
(C.2C:21-17.2) or section 6 of P.L. 2003, c.184
(C.2C:21-17.3) when the offense concerns personal
identifying information may include costs incurred by the
victim: (a) in clearing the credit history or credit rating
of the victim; or (b) in connection with any civil or
administrative proceeding to satisfy any debt, lien, or
other obligation of the victim arising as a result of the
actions of the defendant.

N.J. Rev. Stat. §2C:21-17.2

Use of personal identifying
information of another

Crime of the second degree

N.J. Rev. Stat. §2C:21-17.3

Trafficking in personal
indentifying information pertaining to another person

A person, who knowingly
distributes, manufactures or possesses any item containing
personal identifying information pertaining to another
person, without that person’s authorization, and with
knowledge that the actor is facilitating a fraud or injury
to be perpetrated by anyone is guilty of a crime of the
fourth degree.

If the person distributes,
manufactures or possesses 20 or more items containing
personal identifying information pertaining to another
person, or five or more items containing personal
information pertaining to five or more separate persons,
without authorization, and with knowledge that the actor is
facilitating a fraud or injury to be perpetrated by anyone
the person is guilty of a crime of the third degree.

If the person distributes,
manufactures or possesses 50 or more items containing
personal identifying information pertaining to another
person, or ten or more items containing personal identifying
information pertaining to five or more separate persons,
without authorization, and with knowledge that the actor is
facilitating a fraud or injury to be perpetrated by anyone
the person is guilty of a crime of the second degree.

Serious Consequences of a Federal Conviction

The penalties for a conviction of a federal offense are often much greater than the penalties in state court for a similar offense. If you are convicted of a federal crime you may face serious penalties, including a lengthy prison sentence or heavy fines. If you are facing a criminal drug charge or you are under investigation for a federal crime, please contact us as soon as possible to protect your rights. Even if you have not been charged, you should consult with an attorney as soon as possible.

If you have been charged with a federal crime in the state of New Jersey, contact the Law Offices of William D. Ware, Esq. immediately at 908-955-7065.