Global Identity Theft Ring—Tucson

A global web-based identity theft ring has been broken, with 17 indictments being handed down in Tucson, Arizona.^[1] Individuals in other countries allegedly supplied the Tucson residents with more than 4,500 credit- and debit-card numbers and other financial information which had been obtained illegally.^[2] The group also possessed other personal information such as Social Security numbers, addresses, passwords, and other data needed to make fake debit- and credit-cards.^[3]

The information was gathered by luring victims through e-mail or fake websites, and the individuals who were indicted were recruited using Internet chat rooms.^[4] They were charged with fraud in connection with identification documents, aggravated identity theft, fraud in connection with access devices, and conspiracy to commit money laundering.

Identification Documents Fraud
Under 18 U.S.C. § 1028(a)(7), it is a crime for a person to knowingly transfer, possess, or use—without lawful authority—a means of identification of another person with the intent to commit any unlawful activity that constitutes a violation of Federal law. The punishment for a violation of this section is a fine, imprisonment for up to 15 years, or both.^[5]

Aggravated Identity Theft
We have previously discussed aggravated identity theft here.

Access Devices Fraud
Under 18 U.S.C. § 1029(a)(1), it is a crime for a person to knowingly and with intent to defraud, produce, use, or traffic in one or more counterfeit access device. “Counterfeit access device” is defined as “any access device that is counterfeit, fictitious, altered, or forged.”^[6] An “access device” is any card, personal identification number, or other means of account access that can be used to initiate a transfer of funds.^[7] The punishment for a violation of this section is a fine, imprisonment for up to 10 years, or both.^[8]

Conspiracy to Commit Money Laundering
Under 18 U.S.C. § 1956(h), any person who conspires to commit money laundering can be punished as though he had actually committed money laundering. In this case, the defendants are being charged under 18 U.S.C. § 1956(a)(2)(A), which makes it a crime for a person to transport, transmit, or transfer funds from a place in the United States to a place outside the United States with the intent to promote the carrying on of specified unlawful activity. The unlawful activity in this case is identity theft.^[9] The punishment for a violation of this section is a fine of not more than $500,000 or twice the value of the funds—whichever is greater—imprisonment for up to 20 years, or both.

---

[1] Laurie Laine, Global Web Fraud Case Has 17 Local Indictments, Arizona Daily Star, Nov. 8, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] 18 U.S.C. § 1028(b)(1).
[6] Id. § 1029(e)(2).
[7] Id. § 1029(e)(1).
[8] Id. § 1029(c)(1)(A)(i).
[9] Id. § 1956(c)(7)(A) (incorporating an offense found in 18 U.S.C. § 1961(1)).