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Federal identity theft statute includes use of deceased's identity

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A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.

Anna LaFaive, who stole her dead sister’s identity to open checking accounts using counterfeit checks and withdrew nearly $65,000, argued that Section 1028A can only criminalize the use of a living person’s identity.

Section 1028A only uses the term “another person,” and doesn’t define “person.” In United States of America v. Anna LaFaive, also known as Phyllis Click, No. 09-2344, the judges rejected LaFaive’s argument that because Congress didn’t specify deceased people under the statute, that “another person” only refers to living people. But Congress didn’t use the word “living” either, and citing an 8th Circuit Court of Appeals case, the 7th Circuit judges agreed that the common usage of “person” includes both living and dead individuals.

They also concluded the structure of the statute supported their decision. Both subsections (a)(1) and (a)(2) prohibit the use of another person’s identification. Subsection (2) deals with identity theft and terrorism.

“If ‘another person’ in subsection (a)(2) was limited to living persons, the statute would prohibit the use of a deceased person’s social security card but not the oral use of that same deceased person’s social security number,” wrote Judge Michael Kanne. “…we agree with the other circuits that have concluded that limiting ‘person’ in subsection (a)(2) to a living person works an ‘illogical,’ ‘absurd,’ and ‘nonsensical’ result.”

Judge Kanne also noted the 7th Circuit is not the only one to decide after the ruling in Flores-Figueroa v. United States, 129 S.Ct. 1886 (2009), that Section 1028A covers the use of the identity of those living and dead.

The Circuit judges also upheld LaFaive’s sentence, finding the District Court didn’t plainly err in calculating or imposing her sentence. The District Court made it abundantly clear that it was departing upward from the 24- to 30-month range for the bank fraud counts based almost entirely on the fact that LaFaive’s criminal history score underrepresented the seriousness of her criminal background. In addition, the District Court was required to impose the mandatory 24 consecutive months on the aggravated identity theft counts, wrote the judge.
 

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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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