identity theftThe Empty Promise of ‘Dubin v. United States’
Congress enacted 18 U.S.C. §1028A to impose stricter penalties on aggravated identity theft, but its ambiguous language has allowed prosecutors to apply it broadly, often leading to disproportionate sentences for crimes not fitting the traditional understanding of identity theft. In their article, Andrew Mancilla and Robert Fantone discuss the Supreme Court’s decision in Dubin v. United States which aimed to curb this overreach.
November 25, 2024 at 08:11 AM
9 minute read
White Collar CrimeIn 2004, when identity theft emerged as a significant threat to individuals and institutions alike, Congress enacted 18 U.S.C. §1028A, entitled “Aggravated Identity Theft,” to impose stricter penalties on offenders. The statute imposes a non-discretionary two-year prison sentence for offenders who, “during and in relation to any [predicate offense], knowingly transfer, possess, or use, without lawful authority, a means of identification of another person.”
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