Atlanta, Ga. - A local man has made headlines in Georgia for using funds resulting from identity fraud and computer theft to pay his child support payments.
According to authorities in Fulton County, the investigation into the man's financial activity started in February. Investigators reported that successful payments came from other people's banking information and stolen credit cards. The man has been arrested and is now in custody at the Fulton County Jail.
As a Fulton County Criminal Defense Lawyer, I will outline one of the offenses that the man has been accused of committing - identity fraud.
Identity Fraud in Georgia
The Georgia Code defines Identity Fraud in Georgia by outlining the various ways that an individual can commit the offense. The statute is O.C.G.A. §16-9-121 and states the a person commits identity fraud when he or she both willfully and fraudulently:
- Without authorization or consent, uses or possesses with intent to fraudulently use identifying information concerning a person.
- Uses identifying information of an individual under 18 years old over whom he or she exercises custodial authority.
- Uses or possess with intent to fraudulently use identifying information concerning a deceased individual.
- Creates, uses, or possess with intent to fraudulently use any counterfeit or fictitious information concerning a fictitious person with intent to use such counterfeit or fictitious identification information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
- Without authorization or consent, creates, uses, or possesses with intent to fraudulently use any counterfeit or fictitious identifying information concerning a real person with intent to use such counterfeit or fictitious information for the purpose of committing or facilitating the commission of a crime or fraud on another person.
- Accepts identifying information, which they know to be fraudulent, stolen, counterfeit, or fictitious for the purpose of identification.
Identity fraud is classified as a felony offense in Georgia. This means that if convicted of identity fraud, the penalty can include up to ten years in prison and a fine up to $100,000.
The penalties for subsequent convictions of identity fraud increase with each conviction.
If you or someone you know has been arrested or is facing criminal charges within the state of Georgia, contact our offices today. A Georgia Criminal Defense Attorney can help you by determining which options we can offer you regarding your case. Call now.