Accusations of financial identity fraud, commonly known as identity theft, are serious. They involve stealing someone else’s identifying information in order to commit some type of fraud. Identity theft can be a simple offense, like stealing money from someone’s bank account or stealing a credit card number. It can also be a more complex offense, like assuming a person’s entire identity. The more involved the offense and the greater the amount of money taken, the more severe the penalties.
If you are charged with financial identity fraud, it is essential to take the accusations seriously. The penalties can include substantial fines and prison time. Plus, it is a crime of moral turpitude, meaning that it can impact your ability to get or retain jobs, even if you get a lower sentence. Getting the help of a Pickens County financial identity fraud lawyer can help you navigate the criminal and civil consequences of the crime. Attorney Christopher L. Jones is a skilled fraud attorney and could help explain the charges against you, discuss the evidence the prosecution may have, and help you explore defense strategies.
Financial Identity Fraud
South Carolina Code § 16-13-510, also known as the Personal Financial Security Act, discusses financial identity fraud. It defines financial identity fraud as a person using someone else’s personal identifying information to appropriate someone else’s financial resources, defraud, or obtain money or property through fraudulent pretenses.
If you use someone else’s identifying information without their knowledge or permission or attempt to get something of value, it can be financial identity fraud. Personal identifying information includes anything that is linked to an individual. It includes but is not limited to:
- Dates of birth
- Digital signatures
- Debit card numbers
- Credit card numbers
- Bank account numbers
- Social Security numbers
- Driver’s license numbers
- State identification card numbers
- EIN (electronic identification numbers)
- Names—only when linked to other identifying information
- Addresses—only when linked to other identifying information
- PIN number, passwords, and other information used to access financial resources
Identity fraud and financial identity fraud are two distinct offenses. Financial identity fraud requires that you attempt to access financial resources. Those can include existing financial wealth, pension plans, retirement funds, annuities, and similar funds, or establishing a line of credit or otherwise taking on a debt. In addition to the listed financial resources, the law encompasses anything that can be used to obtain goods, services, or money. A Pickens County attorney could clarify if a person’s situation would be considered financial identity fraud.
Potential Punishments for Financial Identity Fraud
The court has substantial discretion when sentencing someone for financial identity fraud. It has complete discretion over fines and can order restitution to the person who has been impacted. In addition, the potential prison sentence is up to 10 years.
Because the court has so much discretion in sentencing, you may have difficulty determining what sentence is likely if the court finds you guilty. The rules regarding the venue for financial identity fraud can make that even more challenging. A court has venue if the impacted person resided in the county when the information was used or obtained or if the information was used or obtained in the county. Plus, venue exists as long as one of the alleged acts occurred within the jurisdiction.
A financial identity fraud lawyer who practices in Pickens County could use their knowledge of sentencing trends in the county to help you understand likely punishments upon conviction.
Speak to a Pickens County Financial Identity Fraud Attorney For Help With Your Case Today
Consequences for convictions for financial identity fraud go beyond imprisonment, fines, and restitution. Even if you only get probation, it is the type of conviction that can follow you forever. Convictions for these crimes can impact your credit score, which can lead to lifelong financial challenges. They can interfere with your ability to get a job and can lead to the loss of your current job.
Pickens County financial identity fraud lawyer Christopher L. Jones will work hard to help you avoid or minimize the criminal and personal penalties associated with this crime. Schedule a consultation to learn more.
