NEW BRUNSWICK—Hon. Dennis Nieves, J.S.C., recently sentenced a Sayreville couple for their involvement in an identity theft ring targeting mental health patients, per the news. The basic facts remind me of Pres. Barack Hussein Obama’s memorable statement, If you’ve got a business — you didn’t build that. Somebody else made that happen. For this couple, however, the admonition actually applies. Indeed, it is as if the couple took Pres. Obama’s words to heart. In the same speech, he said, there are some things we do better together. Acting together, the pair apparently stole thousands of dollars with the stolen identities through shopping sprees, trips, and food, per the news. The couple previously plead guilty to theft of identity and other related offenses.
Theft of Identity, N.J.S.A. 2c:21-17
A person is guilty of a crime if the person engages in one or more of the following actions by any means including, but not limited to, the use of electronic communications or an Internet website:
Impersonates For A Benefit
- Impersonates another or assumes a false ID and
- Does an act in such assumed character or false ID
- For the purpose of
- Obtaining a benefit for himself or another or
- To injure or defraud another.
False Representative For A Benefit
- Pretends to represent some person or organization and
- Does an act in such pretended capacity
- For the purpose of
- Obtaining a benefit for himself or another or
- To injure or defraud another.
Impersonates To Obtain A Service
- Impersonates, assumes false ID, lies, or misleads
- Regarding the ID of any person
- In an oral or written application for services
- For the purpose of obtaining services.
Obtains And Uses ID Of Another
- Obtains personal ID information about another person and
- Uses or assists another person in using the information,
- In order to
- Without that person’s authorization and
- With the purpose to
- Fraudulently
- Obtain or attempt to obtain a benefit or service, or
- Avoid payment of debt or other legal obligation, or
- Avoid prosecution by using another’s name.
Impersonates To Avoid Payment
- Impersonates, assumes false ID, falsely states, or misleads,
- In the course of an oral or written service application,
- With the purpose of avoiding payment for prior services.
- Purpose to avoid payment for prior services may not be presumed unless, in the course of making an oral or written service application, the person has
- Not made full payment for prior services and has impersonated another,
- Assumed a false ID or
- Stated falsely or mislead about any person’s ID.
Theft of Identity, Grading
The violation of this statute is a crime as follows:
Fourth Degree Crime—The actor obtains a benefit or deprives another of a benefit in an amount of less than $500, the offense involves the identity of one victim, and this is a first conviction for such an offense. Otherwise, it is a third degree crime.
Third Degree Crime—The actor obtains a benefit or deprives another of a benefit in an amount of at least $500 but less than $75,000, or the offense involves identity of at least two but less than five victims.
Second Degree Crime—The actor obtains a benefit or deprives another of a benefit in an amount of $75,000 or more; or the offense involves the identity of five or more victims.
Additionally, the sentencing court must order corrections to any public record or government document that contains false information as a result of a theft of identity. Furthermore, the sentencing court may provide restitution to the victim.
Definition
Benefit includes, without limitation, any property, any pecuniary amount, any services, any pecuniary amount sought to be avoided or any injury or harm perpetrated on another where there is no pecuniary value.
NJ Criminal Lawyer Michael Smolensky, Esq., knows how to protect his clients. Mr. Smolensky can provide consultations on all cases in New Jersey involving Impersonation and Identity Theft. Call Now—(856) 812-0321.