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Identity Theft – Sufficiency of Evidence; Prior Acts (access required)

BY: lindsey.petkoff
POSTED: February 20, 2012
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11-2270 U.S. v. Clark, appealed from District of Minnesota, Wollman, J.


Identity Theft – Permissive Use; ‘Lawful Authority’ (access required)

BY: lindsey.petkoff
POSTED: June 13, 2011
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10-2909 U.S. v. Retana, appealed from the Western District of Missouri, Melloy, J.


IDENTITY THEFT – Element of Crime; Guilty Plea (access required)

BY: admin
POSTED: April 5, 2010
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Where a defendant entered a conditional guilty plea to aggravated identity theft, but the record at the plea hearing showed that neither the court nor the defendant understood that the defendant’s knowledge that the identity she used was that of a real person was an essential element of the offense, the error affected the defendant’s [...]


Knowledge; Evidence (access required)

BY: Minnesota Lawyer
POSTED: May 25, 2009
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Where the government and defendant stipulated in an identity theft case that the defendant had no knowledge of the person identified on his fake permanent resident card or even if the number was a government-issued number and the government did not present evidence to show that the defendant attempted to use or assume the identity [...]


Knowledge Requirement; Ambiguity (access required)

BY: admin
POSTED: April 7, 2008
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Where a defendant was arrested during a raid for using the identity of another to gain employment, a conviction for aggravated identity theft is affirmed because the government was not required to prove that the defendant knew that the person on the stolen identity was a real person. “We conclude that sec. 1028A(a)(1) is unambiguous [...]


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