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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.