What is the Identity Theft and Assumption Deterrence Act of 1998?
This Act makes it a crime when someone: “knowingly transfers or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of federal law, or that constitutes a felony under any applicable state or local law.” Under the Identity Theft And Assumption Deterrence Act, a name, birth certificate or SSN is considered a “means of identification.” So is a credit card number, driver’s license, cellular telephone electronic serial number or any other piece of information that may be used alone or in conjunction with other information to identify a specific individual. In most instances, a conviction for identity theft carries a maximum penalty of 15 years imprisonment, a fine and forfeiture of any personal property used or intended to be used to commit the crime. Schemes to commit identity theft or fraud also may involve violations of other statutes, such as credit card fraud; comput