24/7 call for a free consultation 212-300-5196




When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Federal Identity Theft Defense Attorney

Federal Identity Theft: Understanding the Charges and Defense Strategies

Federal identity theft and fraud are serious charges, and a conviction can result in hefty fines and imprisonment. The crimes collectively refer to the act of wrongfully obtaining another individual’s personal data and using it. Often, the criminal uses the individual’s identity for personal financial gain in some way. If you are the subject of an identity theft investigation or if charges have already been filed against you, now is the time to find a federal criminal defense attorney with experience in this niche area of the law.

Understanding Identity Theft

In 1998, the passage of the Identity Theft and Assumption Deterrence Act criminalized identity theft and fraud at the federal level. In many instances, the perpetrator obtains information like a victim’s birth date, account numbers, name, address, Social Security number and other sensitive data through various means online. Identity theft was an issue before the widespread use of the internet as well. A perpetrator can gain sensitive information about another person by accessing garbage that has been thrown out. These are only some of the more common methods that an identity thief may use to wrongfully obtain data about another person.

A federal conviction of identity theft involves the use of that data as well. Often, a thief will utilize that personal data about another person to open a credit card in the other person’s name. It may be months or years before the victim realizes what has happened. During that time, the thief may have used the bogus credit card to rack up thousands of dollars or more in credit card charges. Because the victim may be financially responsible for those charges and may have his or her credit tarnished because of missed credit card payments, this is a serious crime that can wreak havoc on a victim’s life. Keep in mind that this is only one of many examples of how identity theft works.

Following the terrorist attacks that took place on September 11, 2001, the federal government passed the Theft Penalty Enhancement Act of 2004. This act defines aggravated identity theft. Under the act, an individual may face harsher penalties if the identity theft was to support terrorist acts in some way.

George FernandezGeorge Fernandez
14:16 30 Apr 24
Excellent 10 out of 10, Helped resolve my case. Jeremy explained everything and made everything easy to understand.
21:33 24 Apr 24
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
Yelva Saint-PreuxYelva Saint-Preux
19:26 19 Apr 24
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Katherine SunKatherine Sun
18:08 18 Apr 24
my lawyer is Alex Zhik. Efficient, patient and professional
Nun yaNun ya
17:48 18 Apr 24
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Keisha ParrisKeisha Parris
20:45 15 Mar 24
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko BeautyTaïko Beauty
16:26 15 Mar 24
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
K MarK Mar
01:37 25 Jan 24
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.

Penalties for Federal Identity Theft

Several law enforcement agencies are responsible for investigating identity theft. These include the FBI, the Federal Trade Commission, the Postal Inspection Service and the Secret Service. If an individual is convicted of federal identity theft, he or she may face up to 15 years in prison and may be responsible for fines.

There are instances when the punishment could be harsher. For example, for aggravated identity theft, a conviction can result in up to five additional years in person if the identity theft act is related to terrorism. If the identity theft occurred in tandem with a drug crime or a violent crime, the penalty may also be more severe. In addition, a prior conviction can result in a heftier sentence. When determining a sentence for a federal identity theft conviction, matters like the number of victims, the extent of the convicted felon’s criminal actions and the extent of the damage incurred by the victims may all be taken into account.

Defense Strategies for Federal Identity Theft

An experienced defense attorney may use one or a combination of defense strategies in an identity theft case. The attorney could argue that the defendant has been falsely accused because the act was unintentional. An example of this would be to argue that the defendant opened mail that arrived in his or her mailbox by mistake. Another defense strategy involves consent. For an identity theft conviction, the defendant must have obtained sensitive information wrongfully. Because of this, the defense attorney may claim that the victim provided consent. Both the lack of intent and the lack of fraudulent intent may also be used as defenses against identity theft charges. For both of these defenses, the attorney would argue that the defendant did not act with the purpose of using the data for an unlawful purpose.

Request a Legal Consultation

Even when the prosecutor’s case against the defendant is solid, a skilled defense attorney may be able to use effective defense strategies for the defendant’s benefit. The defense of a federal identity theft charge requires time to build, so it is in your best interest to seek legal counsel as soon as possible. Contact the law office today to request a legal consultation.

Schedule Your Consultation Now