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Identity theft law covers taking from the dead
Grave robbing has been a tempting crime for millennia—the victim is in no shape to defend himself, and would seem to have no further use for worldly possessions. Egyptian pyramids were specifically engineered to guard against it, but modern-day thieves are more typically gold-diggers in figurative-but-not-literal sense, seeking instead names and numbers that can […]
Criminal Practice – Identity Theft & False Pretenses – Medical Care – Habit Testimony
State v. Isenhour (Lawyers Weekly No. 15-16-0263, 6 pp.) (Linda Stephens, J.) Appealed from Cleveland County Superior Court (William Bell, J.) N.C. App. Unpub. Holding: Even though hospital nurses had no specific recollection of providing care to defendant – who was admitted to the hospital using the name and Medicaid card of his girlfriend’s estranged […]
Criminal Practice — Evidence – Other Wrongs – False Pretense – Financial Transaction Card Theft
State v. Sterling (Lawyers Weekly No. 15-16-0218, 21 pp.) (Linda McGee, C.J.) Appealed from Mecklenburg County Superior Court (James Morgan, J.) N.C. App. Unpub. Holding: Although defendant admitted to using the victim’s credit card to make charges at Target and the Dry Cleaning Spot, the trial court did not err in admitting evidence of other […]
Facebook impostors a real (but manageable) risk
It’s the stuff of science-fiction films: You wake up to find that there’s an impostor on the loose. The impostor looks just like you and is pretending to be you, even managing to fool some of your closest friends. For Blair Williams, an attorney running for Wake County Clerk of Court in Raleigh, N.C., it […]
Raleigh man sentenced in credit card scheme
Federal prosecutors say a Raleigh man has been sentenced to prison for his part in a credit card and cigarette trafficking scheme.
Supreme Court splinters over ID theft decision
A longstanding common law rule must be applied to indictments for trafficking in stolen identities, a divided North Carolina Supreme Court has ruled. The court overturned the convictions of a Charlotte hotel clerk who lifted guests’ credit card information because prosecutors offered no information about who the clerk had sold the stolen identities to. Jerry […]
Clerk at business charged with ID theft
The payroll clerk at a High Point business has been arrested on three charges of identity theft. The High Point Enterprise reported that 47-year-old Brenda Yow Schmidt of High Point also is charged with attempting to obtain property by false pretenses and one count of obtaining property by false pretenses.
When it comes to ID theft, corporations are not people
The year that brought us Mitt Romney’s declaration that “Corporations are people, my friend!” closed with the Fourth U.S. Circuit Court of Appeals ruling that while they may be people, for the purposes of federal laws against identity theft, corporations are not “individuals” and thus cannot be the victims of identity theft.
Criminal Practice – Identity Theft – Specific Intent – Trafficking in Stolen Identities – Name of Transferee
State v. Jones A defendant’s “intent to fraudulently represent” himself as the person whose identity he has stolen need not be shown by a verbal misrepresentation but can also be established based upon the defendant’s conduct or actions. When one presents a credit card or credit card number as payment, he is representing himself to be the cardholder or an authorized user.
Criminal Practice – Identity Theft – ‘Use’ of Social Security Number
State v. Sexton The indictment charged that defendant did “knowingly obtain, possess or use identifying information, name, date of birth, and Social Security number, of another person, Roy Lamar Ward, with the intent to fraudulently represent that ... defendant was the other person for the purpose of avoiding legal consequences.
Civil Practice – Prior Pending Action – Different Claims – Domestic Relations – Equitable Distribution – Tort/Negligence – Identity Theft
Jessee v. Jessee Even though there is a prior equitable distribution action pending between plaintiff and defendant Christine Jessee, this action is based on Jessee's alleged post-separation activities, and the district court in a domestic relations action might not be able to make plaintiff whole if he proves the allegations he makes in this case.
Criminal Practice – Passport Fraud – Identity Theft – Conspiracy
U.S. v. Luke. (Lawyers Weekly No. 10-01-1201, 15 pp.) (Wilkinson, J.) No. 09-4543, Dec. 8, 2010; USDC at Baltimore (Motz, J.) 4th Cir. Click here for the full text of the opinion. Holding: A defendant who changed his son’s name and obtained a variety of identification documents and then applied for a passport in that […]
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