Election Crime Bureau

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Identity Fraud Exposure — 18 U.S.C. § 1028 (Up to 15 Years) (US)

Reasonable Inference

Where perpetrators used real individuals’ personal identifying information (name, address, card number) to make contributions without authorization, each instance constitutes potential identity fraud under 18 U.S.C. § 1028, carrying up to 15 years imprisonment.

Citations

18 U.S.C. § 1028(a)(7), (b)(1)(D), “Whoever, in a circumstance described in subsection (c) of this section— (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, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law; shall be punished as provided in subsection (b) of this section.” https://www.law.cornell.edu/uscode/text/18/1028

“Section 1028(a)(7) criminalizes the knowing transfer, possession, or use, without lawful authority, of 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…” (DOJ explicitly lists this as the primary “identity theft” provision used when PII is misused to facilitate another federal offense). https://www.justice.gov/archives/jm/criminal-resource-manual-1502-prosecuting-violations-18-usc-1028