Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Circuit Blog

Criminal Law

: Fourth Circuit Blog

Aggravated ID Theft Requires Use of Specific Person's Information

By Jonathan Byrne

US v. Mitchell: Mitchell undertook a scheme in which he bought merchandise with a fake ID using counterfeit checks and later returned the items for cash refunds. The name on the checks and the fake ID was "Marcus Jackson" who had a specific listed address. Mitchell was charged with bank fraud and aggravated identity theft. He pleaded guilty to the fraud charge, but had a bench trial on the identity theft, testifying that he didn't know anyone named "Marcus Jackson" and got the name out of a phone book. Although police did identify two Marcus Jacksons in the state, neither address matched the one on the ID and checks. Mitchell argued that to secure a conviction for aggravated identity theft, the Government had to prove the use of another specific person's identity, while the Government argued that it was sufficient that someone with the same name was located as a potential victim...continue to full post

Full post as published by Fourth Circuit Blog on March 12, 2008 (boomark / email).