Home -> Law Blog Directory -> Criminal Law Blogs -> Sentencing Law and Policy

Criminal Law

: Sentencing Law and Policy

Ninth Circuit covers new guideline issues in identity theft case

By Douglas A. Berman

A (partially split) Ninth Circuit panel today covers a lot of notable guidelines ground in the identity theft context in US v. Phan, No. 06-30469 (9th Cir. Sept 23, 2008) (available here).  Here is the first paragraph of the majority opinion in Phan: This case illustrates the dangers of an identity theft scheme whereby many persons and financial institutions are impacted when criminals steal identities. Lam Thanh Pham (?Pham?) appeals the 78-month sentence and $1 million restitution order imposed on him after he pled guilty to one count of bank fraud in violation of 18 U.S.C. § 1344. Pham and five other individuals were indicted on forty-four counts of bank fraud in connection with a massive identity theft scheme that compromised the bank accounts of ninety-five people held by fourteen different financial institutions and resulted in more than $1...continue to full post

Full post as published by Sentencing Law and Policy on September 23, 2008 (boomark / email).