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Federal Identity Theft Defense Lawyers
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Last Updated on: 16th November 2025, 05:53 pm
Federal Identity Theft Defense: When You’re the Victim but Prosecutors Think You’re the Criminal
Spodek Law Group is a second generation federal criminal defense law firm – with over 40 years of combined experience defending cases others say were unwinnable. Led by Todd Spodek, who represented many, many high-profile clients including Anna Delvey (featured in the 2022 Netflix series directed by Shonda Rhimes), Ghislaine Maxwell’s juror, and Alec Baldwin’s stalking case covered by Fox News and NY Post, we understand exactly what you’re facing when federal agents show up claiming YOU committed identity theft – when you’re actually the victim.
This article addresses a nightmare scenario that’s becoming more common. You’re the VICTIM of identity theft, but federal prosecutors think YOU committed the crime.
Right now, as you’re reading this, federal agents are building a case against you – and the evidence that could prove your innocence is being deleted from bank servers. You have maybe 72 hours. Maybe less.
You’ll learn why filing a police report can actually backfire on you, why “cooperating” with federal agents creates obstruction charges, how to force prosecutors to prove YOU (not just your Social Security number) committed the fraud, and why that mandatory 2-year sentence they’re threatening doesn’t apply to actual victims.
The 72-Hour Evidence Window
Look, I’m not trying to scare you, but – the most valuable evidence that could prove you didn’t commit this fraud has an expiration date.
Banks and financial institutions retain detailed transaction metadata – IP addresses, device fingerprints, geolocation data – for about 30 to 90 days. After that. Archived or deleted.
Someone used your identity to open fraudulent credit cards in March. You don’t find out until FBI contacts you in November. Those transaction logs showing applications came from IP addresses in a different state while your phone placed you at work in New York. Deleted. The device fingerprints proving a different computer was used. Gone.
We’ve seen this – many, many times. Bank records that would’ve proven our client didn’t commit the fraud were purged due to counsel wasn’t hired fast enough. And once that data is archived, retrieving it requires subpoenas that take 60 to 120 days. You don’t have that kind of time.
This is why hiring counsel FAST isn’t about legal advice – it’s about evidence preservation.
We send emergency preservation letters within 24 hours demanding institutions preserve all IP logs, device data, transaction metadata. Regardless of when fraud occurred, if you just learned you’re being investigated, you have maybe 72 hours to stop evidence deletion.
The evidence that proves innocence. IP logs showing where fraudulent transactions originated. Device fingerprints proving different computers were used. Geolocation data placing you elsewhere when crimes occurred. Digital forensics. And it’s being deleted as we speak.
Why “Clearing Things Up” Gets You 5 More Years
Your instinct is to explain you’re the victim. But that instinct can get you charged with additional federal crimes.
Federal agents show up asking about fraudulent credit cards in your name. You’re innocent. So you talk. You say, “I never applied for those cards.” True, right?
But weeks later, forensic analysis shows applications came from your home computer – because fraudster installed malware. When you explain this, prosecutors don’t see a confused victim. They see someone who “lied to federal agents.”
That’s 18 U.S.C. § 1001. False statements. Five years maximum.
We’ve defended cases – many, many cases – where identity theft charges got dismissed, but obstruction charges stuck. Client was the actual victim. But because they “helped” the investigation before understanding what happened, they’re facing five years.
When agents contact you, you don’t fully understand fraud mechanics yet. You don’t know HOW your identity was stolen. You’re making statements based off what you think happened. When digital forensics later reveals additional details, prosecutors frame your evolving explanation as “changing your story.”
Agents seem friendly. They say they just want to “rule you out.” They suggest cooperating will make this go away. But federal prosecutors aren’t your friend. Regardless of their tone, they’re building a case. Every statement gets documented. Every inconsistency will be used against you.
Then there’s what to say when FBI shows up. “I need to speak with my attorney.” Not “I’m the victim.” Not “let me explain.” Because until forensic analysis is complete, you can’t make accurate statements. And inaccurate statements from victims get charged as obstruction.
The Timeline Trap
Everyone says file a police report if you’re a victim. But here’s what nobody tells you – WHEN you file matters as much as filing it.
If you file after investigators contact you, prosecutors argue you’re manufacturing an alibi. The timeline of when you reported being a victim relative to when investigation started determines whether that report helps or destroys your defense.
In our cases – prosecutors routinely argue that victims who filed reports AFTER receiving target letters are creating false defenses. Their logic: “If you were really a victim, why wait until we contacted you?”
Fraud occurred 2022. You didn’t report until 2025 when agents showed up. To prosecutors – that’s not a victim discovering fraud. That’s a defendant creating reasonable doubt.
But here’s the paradox, which means most people don’t know their identity was stolen until something triggers discovery. Fraudster uses your SSN to file fake tax returns – you don’t discover it until IRS rejects your return. Fraudster opens cards at addresses you don’t control – you don’t know until collection agencies call, or are a knocking’ at your door. By the time you discover it – investigators might already be building their case. When you try and report you’re a victim – it looks suspicious.
This is where burden shift strategy comes in. Stop trying to prove you’re innocent. Force prosecutors to prove YOU committed the fraud. Because just because your name and Social Security number appear on fraudulent documents doesn’t prove YOU used them, which is key to why clients choose us. Someone else used your identity. Where’s the evidence YOU was involved?
What prosecutors must prove: Your fingerprints on applications (they won’t have them). Your IP address on transactions (they won’t have it). Your face on surveillance (it’ll be fraudster’s face). Your device fingerprints on logins (different devices). Your geolocation at fraud locations (you were somewhere else). They need forensic evidence connecting YOU personally to fraudulent activity – irrespective of how much circumstantial evidence they pile up. In true victim cases – that evidence doesn’t exist.
This is why digital forensics matters more than police reports, regardless of what they tell you. You need analysis showing: Different IP addresses (fraudster in California while you’re in New York). Different devices (fraudster’s phone while you have alibi). Different locations (fraudster at bank in Florida while work records show you in Manhattan office). Email records showing your accounts were compromised. Malware analysis proving fraudster had remote access.
But you need this done FAST, which means acting immediately, which means contacting us today. Because if Credit Karma logs show you viewed your credit report in March and saw fraudulent accounts but didn’t report them as fraud until December (after FBI contact) – prosecutors argue you knew about those accounts because they were YOUR accounts. Your own credit monitoring becomes evidence against you. I’ve seen this destroy defenses – many, many times.
If you just learned you’re being investigated – one, check when you first viewed credit reports showing fraudulent activity (Credit Karma, Experian keep login timestamps). Two, if there’s a gap – have explanation ready. Three – stop trying to prove innocence through police reports filed after investigation started. Four – focus on forensic evidence: IP addresses, device data, geolocation, alibi witnesses. Five – force prosecutors to explain how their evidence proves YOU (not just your SSN) committed the crime. Regardless of what they claim – they have burden of proof. Not you.
Federal Charges That Don’t Apply to Victims
If you’re charged with both 18 U.S.C. § 1028 (identity theft) and 18 U.S.C. § 1028A (aggravated identity theft) – that 1028A charge, carrying a mandatory 2 years consecutive, doesn’t apply if you’re the actual victim.
Flores-Figueroa v. United States, 556 U.S. 646 (2009). Supreme Court held that § 1028A requires prosecutors prove defendant KNEW the identification belonged to “another person.”
If someone else used YOUR identity (your name, your SSN) – you didn’t use another person’s identity. Someone else used yours. In victim scenarios where your OWN name and SSN were used by fraudster – this element can’t be proven. You didn’t know the identity belonged to another person because it didn’t – it belonged to you.
This changes sentencing exposure from “15 years plus mandatory 2 consecutive” to “15 years maximum.” And gives you leverage because prosecutors know 1028A gets dismissed at trial.
We’ve successfully moved to dismiss 1028A charges where prosecutors charged it automatically without analyzing Flores-Figueroa. If you’re the actual victim and your own identity was used – that mandatory minimum doesn’t apply.
Unlike other law firms who are more focused on their relationship with federal prosecutors and judges, Spodek Law Group owes loyalty to only YOU. We’re available 24/7 because evidence doesn’t wait for business hours. When you discover you’re being investigated at 11 PM Saturday – those bank IP logs are still being deleted on schedule.
In first 24 hours – we send emergency preservation letters to every financial institution, credit bureau, ISP, email provider. We coordinate digital forensic analysis proving malware or unauthorized access. We secure alibi witnesses showing you were elsewhere when fraud occurred. We review Credit Karma logs to identify what you saw and when. Regardless of when you contact us – evidence preservation happens immediately. Many, many law firms say relax, they’ll handle it Monday. By Monday – critical evidence is gone.
We fight for you. Right now.
You’re the victim. But federal prosecutors don’t care. They see your name on documents – presume you’re guilty – and build their case. You need attorneys who understand timeline traps, cooperation dangers, burden shift strategies, evidence preservation urgency. We’ve defended high-profile cases (Anna Delvey, Ghislaine Maxwell matters) and handled many, many identity theft victim defenses. We know how federal prosecutors build these cases.
The 72-hour window is ticking. Contact us now at 212-300-5196.