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To: SmokingJoe

http://www.law.cornell.edu/uscode/18/usc_sec_18_00001028-—A000-.html

I’d have to say he’s guilty under 1028A(c)(4) — not sure about 1028A(c)(5).


(7) knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law;

1028A(c)(5) refers to an entire chapter of U.S. Code — kind of hard to wade through all that.

I’m also wondering what exactly was blacked out — I really don’t see anything — my guess is possibly it was 1028A(b) — but that doesn’t relate to the definition of identity theft — rather what punishment he can receive if found guilty.


151 posted on 04/29/2010 5:25:48 PM PDT by scrabblehack
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To: scrabblehack

He wasn’t prosecuted in federal court, he was prosecuted for violation of Tennessee law.


221 posted on 05/01/2010 2:12:16 AM PDT by mvpel (Michael Pelletier)
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