Anyone know the criminal penalties for ID theft and larceny in NYS?

[SunnyD]

I have a friend who was taken for about $3500 via a long-distance relationship. He's on top of the situation, and everything is getting investigated. I was just curious about our ATOT armchair lawyer squad - does anyone know what the criminal penalties are for in New York for identity theft as well as larceny at the $3500 level (don't know if that qualifies for Grand yet)?

Trying to find this stuff on Google just isn't working for me today.

 

[Zolty]

The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. In the fall of 1998, for example, Congress passed the Identity Theft and Assumption Deterrence Act . This legislation created a new offense of identity theft, which prohibits

knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

18 U.S.C. § 1028(a)(7). This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.

Schemes to commit identity theft or fraud may also involve violations of other statutes such as identification fraud (18 U.S.C. § 1028), credit card fraud (18 U.S.C. § 1029), computer fraud (18 U.S.C. § 1030), mail fraud (18 U.S.C. § 1341), wire fraud (18 U.S.C. § 1343), or financial institution fraud (18 U.S.C. § 1344). Each of these federal offenses are felonies that carry substantial penalties ­ in some cases, as high as 30 years' imprisonment, fines, and criminal forfeiture.

Federal prosecutors work with federal investigative agencies such as the Federal Bureau of Investigation, the United States Secret Service, and the United States Postal Inspection Service to prosecute identity theft and fraud cases.









http://www.usdoj.gov/criminal/fraud/idtheft.html

 

[PhlashFoto]

I think you get FPMITA prison time.

 

[Roguestar]

300 lashes in the town square at dawn.

 

[GregGreen]

I don't really know about the ID theft -- have only heard of people getting false personation. The larceny is grand larceny though in NY -- 1000$ is the cut off between petty and grand here.

 

[SunnyD]

Thanks Zolty. As much as Roguestar's suggestion appeals to the masses, I think FPMITA is more appropriate - at least my friend's bank is working the case quite rapidly, and at least he's doing the right thing there following up on everything.