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Johnathan MUnderstanding Identity Theft in South Carolina
South Carolina law addresses identity theft under S.C. Code § 16-13-510, which covers both financial identity fraud and general identity fraud. This statute deems it illegal to engage in either of these activities.
Financial Identity Fraud: This is often what people imagine when thinking of identity theft. As defined by § 16-13-510, it takes place when someone uses another person’s identifying information, without their consent, intending to defraud and obtain money, property, services, or other benefits. This act includes using details like Social Security numbers, dates of birth, account numbers, passwords, driver’s license numbers, or credit card information to access someone else’s financial accounts or establish new accounts in their name.
Identity Fraud: This broader category involves using another person’s identifying information to commit or facilitate a crime, extending beyond just financial offenses.
Identifying information under the statute encompasses names, Social Security numbers, dates of birth, driver’s license numbers, bank account and routing numbers, credit card numbers, PINs and passwords, passport numbers, and any information that could identify a specific person.
The law’s reach extends beyond the direct perpetrator. Organizing, planning, or conspiring in identity theft can also lead to charges, even if no fraudulent transactions were made by the accused. In schemes involving multiple defendants, prosecutors often charge all individuals involved.
Additionally, S.C. Code § 16-11-725 addresses “dumpster diving”, searching someone’s garbage to commit identity theft or fraud. This can be charged separately and may be classified as either a misdemeanor or a felony, depending on the circumstances.
Penalties for Identity Theft in Greenville, SC
South Carolina treats identity theft under § 16-13-510 very seriously.
Financial Identity Fraud (§ 16-13-510): As a felony for first offenses, a conviction could result in up to 10 years of imprisonment, with fines determined by the court. Although there is no mandatory minimum, the maximum sentence reflects the seriousness with which the legislature views this crime.
Civil Liability: In addition to prison time, South Carolina law, under § 37-20-170, allows victims to sue for three times their actual damages or $3,000 per incident, whichever is more. Courts might also require restitution under § 17-25-322, obligating the defendant to repay the victim’s financial losses, potentially adding substantial civil liability to a prison sentence.
Collateral Consequences: A felony identity theft conviction affects your right to own firearms, vote while incarcerated or on supervision, and your eligibility for employment in regulated industries, professional licensing, and immigration status. These repercussions may last indefinitely beyond the sentence.
Fraud value typically influences the court’s sentencing decision. Cases involving large amounts, multiple victims, or complex schemes receive harsher penalties than isolated low-value crimes. Prosecutors also consider victim vulnerability, such as an elderly person whose accounts were compromised.
How Identity Theft Cases Are Prosecuted in Greenville County
Felonies like identity theft are prosecuted by the 13th Judicial Circuit Solicitor’s Office in Greenville County’s General Sessions Court. Investigations often collaborate with local law enforcement, the South Carolina Law Enforcement Division (SLED), federal agencies, and financial institutions.
The investigation phase is usually lengthy, with prosecutors ready by the time charges are filed. They might have banking transaction records, IP address logs, computer or phone forensics, credit card application data, ATM or retail location surveillance footage, email and text message records, and testimonies from victims and bank representatives. The digital evidence in these cases is often substantial.
Identity theft cases may also face federal charges, especially when the scheme crosses state lines, involves federally regulated financial institutions, or uses mail or wire communications. Federal identity theft statutes such as 18 U.S.C. § 1028 carry penalties, and 18 U.S.C. § 1028A mandates a 2-year consecutive sentence for “aggravated identity theft” involving specific predicate crimes. An attorney must assess the potential of both state and federal exposure in any given case.
Prosecutors frequently charge multiple counts, one per transaction, victim, or fraudulent account, resulting in significant cumulative sentencing exposure. Early intervention by defense counsel can sometimes limit the counts charged.
Defense Strategies for Identity Theft Cases
Despite the digital evidence supporting prosecutions, strong defenses are available.
Lack of Intent to Defraud: Identity fraud requires an intent to defraud. Authorized use, mistakes, or misunderstandings about permission can challenge this intent. For example, a family member using information with permission.
Challenging Digital Evidence’s Authenticity: Digital evidence can be fabricated, altered, or linked to the wrong user. IP addresses may not always match the device user. Challenging the integrity of the prosecution’s digital evidence can be a valid defense.
Challenging Chain of Custody and Authentication: Digital files, banking records, and transaction logs are admissible only if properly authenticated with a maintained chain of custody. Technical challenges can weaken the prosecution’s case.
Insufficient Identification Evidence: With multiple individuals having access to the same devices or accounts, the prosecution might not prove beyond reasonable doubt that the defendant committed fraudulent transactions. Evidence pointing to someone else’s access is a viable defense.
Fourth Amendment Challenges: Searches of digital devices and records require legal authority. If investigators gathered account records, phone data, or computer files without the necessary subpoenas or warrants, this evidence might be suppressed.
Negotiating Charge Scope: In cases with multiple counts, negotiating with the prosecution to reduce the number of counts could drastically lower sentencing exposure. Cooperation in identifying other scheme participants may also lead to reduced charges or sentencing recommendations.
Explore related issues through a White Collar Crimes Lawyer. If facing Grand Larceny alongside identity theft, the sentence complexity increases.
Why You Need an Identity Theft Lawyer in Greenville
Identity theft prosecutions can be intricate and evidence-heavy, often resulting in significant prison time. The 10-year maximum highlights the severity assigned to these offenses in South Carolina. Coupled with potential civil liability, collateral consequences of a felony conviction, and federal prosecution risks, the stakes are high.
With prosecutors seemingly having everything, bank records, phone logs, digital evidence, victim statements, these cases may feel overwhelming. However, digital evidence has vulnerabilities, and an attorney experienced in challenging such cases can identify weaknesses that may not be immediately visible.
John Crangle is a criminal defense attorney in Greenville handling complex felony cases, including identity theft and fraud charges across the 13th Judicial Circuit. Familiar with local courts and methods to challenge digital evidence, he fights for the best possible outcomes for his clients.
If you’re under investigation for identity theft, or if you’ve been charged, contact an attorney before discussing anything further with law enforcement. Your statements during the investigation can greatly impact your defense. Contact John Crangle for a confidential consultation.
Whether Expungement applies to your record, or if you face Shoplifting or other theft charges, a comprehensive case review is essential. As a Greenville Criminal Defense Lawyer, John Crangle addresses these issues with earnestness and dedication.