On March 13, WCPO-TV reported that a 43-year-old man was arrested for allegedly stealing another person’s identity and using it to get a job at a Little Caesar’s Pizza location. According to WCPO, court records showed the alleged offender used another man’s name, date of birth, and social security number to get the job in 2015.
Police told WCPO that the alleged offender also used the stolen identity to file 2015 income taxes and collected a tax return. The 43-year-old man was charged with identity fraud, and WCPO reported that records indicated he was also facing an operating a vehicle under the influence (OVI) charge.
While news stories did not indicate the value of the credit, property, services, debt, or other legal obligations involved in the alleged identity fraud violation, the alleged offender in this case will be facing felony charges. If the alleged victim suffered any financial harm because of the alleged offense, the alleged offender could also face a possible civil action.
Cincinnati Identity Fraud Lawyer
Under Ohio Revised Code § 2913.49, “personal identifying information” is defined as including, but is not limited to, the name, address, telephone number, driver’s license, driver’s license number, commercial driver’s license, commercial driver’s license number, state identification card, state identification card number, social security card, social security number, birth certificate, place of employment, employee identification number, mother’s maiden name, demand deposit account number, savings account number, money market account number, mutual fund account number, other financial account number, personal identification number, password, or credit card number of a living or dead individual.
A person commits identity fraud (commonly referred to as identity theft) if he or she:
- Without the express or implied consent of the other person, uses, obtains, or possesses any personal identifying information of another person with intent to hold the person out to be the other person or represent the other person’s personal identifying information as the person’s own personal identifying information;
- Creates, obtains, possesses, or uses the personal identifying information of any person with the intent to aid or abet another person in violating Ohio Revised Code § 2913.49(B);
- With intent to defraud, permits another person to use the person’s own personal identifying information;
- Permitted to use another person’s personal identifying information as described in Ohio Revised Code § 2913.49(D) uses, obtains, or possesses the other person’s personal identifying information with intent to defraud any person by doing any act identified in Ohio Revised Code § 2913.49(B)(1) or (2).
Identity fraud offenses are classified based on the value of the credit, property, services, debt, or other legal obligation involved in the alleged violation. Generally, identity fraud crimes are graded as follows:
- Less than $1,000 — Fifth-degree felony punishable by up to 12 months in prison and/or a fine of up to $2,500;
- More than $1,000 but less than $7,500 — Fourth-degree felony punishable by up to 18 months in prison and/or a fine of up to $5,000;
- More than $ 7,500 but less than $150,000 — Third-degree felony punishable by up to five years in prison and/or a fine of up to $10,000; and
- More than $150,000 — Second-degree felony punishable by up to eight years in prison and/or a fine of up to $15,000.
If the alleged victim of an alleged identity fraud offense is an elderly person, disabled adult, active duty service member, or spouse of an active duty service member, the crime becomes identity fraud against a person in a protected class and an alleged offender faces enhanced charges. All of the aforementioned penalties are increased one level, such that a fifth-degree felony offense for a violation involving credit, property, services, debt, or other legal obligation with a value of less than $1,000 becomes a fourth-degree felony. Alleged identity fraud against a person in a protected class crimes involving values of more than $150,000 are first-degree felony offenses punishable by up to 11 years in prison and/or a fine of up to $20,000.
If you believe that you are under investigation or you were already arrested for an alleged identity fraud offense in Hamilton County, you should not say anything to authorities without legal counsel. Contact Joslyn Law Firm as soon as possible. Cincinnati criminal defense attorney Brian Joslyn represents individuals accused of all kinds of alleged financial crimes.