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Immigration News Flash
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May 6, 2009
Supreme Court on Identity Theft
Flores-Figueroa v. United States, 5/04/09
In the instant case, Flores presented a counterfeit Social Security and
alien registration card which contained his real name, but used numbers
that belonged to other people. The court closely reviewed the definition
of "knowingly" contained in the Aggravated Identify Theft Statute as
well as the distinction between "identify theft" and "identify fraud"
and held unanimously that in order to convict under the statute (which
imposes a mandatory consecutive two-year prison term), it must prove
that the individual knew that the identification being used, possessed
or transferred belonged to another person.
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