Search

Finding the Right Legal Representation for Your Company

What Is Identity Fraud (And When Is It A Crime)?

30 June 2015

Tracy Roberts

You've probably heard of identity theft - where someone takes over another person's identity (usually by illegally obtaining their Social Security number and other identifying information online) and uses it to run up credit cards or take out loans. But what about identity fraud? Is there a difference? And is it a crime?

Identity fraud is creating a false identity for yourself for the purposes of deception.

Sometimes identity theft and identity fraud operate hand-in-hand. For example, a common situation where this happens involves the use of birth certificates and Social Security numbers stolen from the deceased.

Organized criminals will sometimes create whole new identities for themselves by adopting the identity of someone of roughly the same age who has already died. Then they buy or steal that person's personal documents and use their identity. This sort of activity is done all the time by people linked to terrorism, human trafficking, and money laundering.

In other cases, identity fraud doesn't actually involve the theft of anyone else's identity. Instead, someone simply tries to hide who they are by using a false name or made-up information. Somebody who is seeking to evade an arrest warrant or avoid paying child support may begin using an assumed name (often a variation of his or her real name). Another common situation occurs when someone is pulled over and arrested while driving and, for whatever reason, they give a fictitious name instead of their own to the officer.

In recent months, the spotlight has been on another form of identity fraud: lying about one's racial identity or background in order to claim benefits that you wouldn't otherwise be due. The head of the Spokane chapter of the NAACP recently resigned under allegations that she's lied about her racial identity, claiming to be African-American on her job applications when she's not.

Identity fraud may or may not be a crime, depending on what you do.

Certainly, if you are involved in any sort of illegal activity and you assumed a false identity in order to commit those crimes, you can end up being charged with a variety of crimes. If you lied to the police about your real identity, one of those crimes is likely to be "obstruction of justice."

Obstruction of justice is a serious criminal offense. In some cases, you might get away with a misdemeanor and a fine, but you could also be facing felony charges and jail time, especially if other crimes are involved.

For example, if you lied about your racial identity in order to defraud your way into a federal grant that's reserved for people of Native American ancestry, that's a federal offense - which makes your crime a felony.

No matter what the circumstances, if you've lied about your identity in the past and you're now facing legal complications because of it, contact a criminal lawyer right away for assistance.

Share