What does fraud imperson mean




















Restitution to the victim may be ordered in addition to any criminal penalty imposed by the court. The victim of identity theft may bring a civil action for damages against any person participating in furthering the crime or attempted crime of identity theft.

A felony offense punishable by imprisonment in the Department of Corrections for a term of not more than 10 years. In addition, the court may order restitution to be paid by the defendant to every customer whose information was obtained or otherwise utilized in violation of this provision. As part of the restitution that the court may impose for the crimes described in this subchapter, it may also demand the reimbursement of the expenses of the victim for the restoration of his credit, including the payment of any debt or obligation arising from the acts of the offender.

Every person who shall obtain from another designedly, by any false pretense or pretenses, any money, goods, wares, or other property, with intent to cheat or defraud, and every person who shall personate another or who shall falsely represent himself or herself to be the agent or servant of another and shall receive any money or other property intended to be delivered to the person so personated, or to the alleged principal or master of that agent or servant, shall be deemed guilty of larceny.

A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than 10 years, or both. The following property shall be subject to seizure and judicial forfeiture to the state in the manner provided: A Any property, real or personal, directly or indirectly acquired by or received in violation of this section; B Any property, real or personal, received as an inducement to violate this section; C Any property, real or personal, traceable to the proceeds from the violation; D Any property, real or personal, used in connection with or to facilitate a violation of this section; and E All conveyances, including aircraft, vehicles or vessels, which are used, or are intended for use, in the commission of or escape from a violation of this section and any money, merchandise or other property contained in those conveyances.

The proceeds from all property forfeited and sold at public auction shall be disposed of by the court as directed by this section. The attorney general shall first be compensated for all expenses incident to the litigation, as approved by the court.

Any costs for appeals shall be provided for by the trial court upon conclusion of the litigation. The attorney general shall then direct that any public agency be reimbursed for out-of-pocket expenses resulting from the investigation, seizure and storage of the forfeited property. B Out of the proceeds remaining, the court shall order restitution be made to the person or persons whose identity was stolen for any identifiable losses resulting from the offense.

C The court shall then award the remainder of the funds as follows: i In the event that the investigating and seizing agency was a state agency, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; ii In the event that the investigating and seizing agency is the Tennessee bureau of investigation, then 10 percent of the funds shall be distributed to the state treasurer who shall deposit the funds in a designated account for the agency to be used in its identity theft operations; iii In the event that the investigating and seizing agency is a local public agency, then 25 percent of the funds shall be distributed to its local government for distribution to the law enforcement agency for use in the enforcement of this section.

When more than one 1 local public agency participated in the investigation and seizure of forfeited property as certified by the attorney general, then the court shall order a distribution of 10 percent of the funds according to the participation of each local public agency.

Accounting procedures for the financial administration of the funds shall be in keeping with those prescribed by the comptroller of the treasury; and iv The remainder of the funds shall be distributed to the state treasurer who shall deposit the funds in the general fund to defray the incarceration costs associated with the offense of identity theft trafficking defined in subsection c. An offense obtaining the financial information under Subsection b 1 is a Class B misdemeanor.

An offense transferring the financial information to another under Subsection b 2 is a Class A misdemeanor. An offense under this section is: a state jail felony if the number of items obtained, possessed, transferred, or used is less than five. An offense under this section is: a felony of the third degree if the number of items obtained, possessed, transferred, or used is five or more but less than An offense under this section is: a felony of the second degree if the number of items obtained, possessed, transferred, or used is 10 or more but less than An offense under this section is: a felony of the first degree if the number of items obtained, possessed, transferred, or used is 50 or more.

If a court orders a defendant convicted of an offense under this section to make restitution to the victim of the offense, the court may order the defendant to reimburse the victim for lost income or other expenses, other than attorney's fees, incurred as a result of the offense. Section 3. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.

When a defendant is convicted of a violation of this section, the court shall order the defendant to make restitution to any victim of the offense or state on the record the reason the court does not find ordering restitution to be appropriate. Restitution under Subsection 5 may include: a payment for any costs incurred, including attorney fees, lost wages, and replacement of checks; and b the value of the victim's time incurred due to the offense: i in clearing the victim's credit history or credit rating; ii in any civil or administrative proceedings necessary to satisfy or resolve any debt, lien, or other obligation of the victim or imputed to the victim and arising from the offense; and iii in attempting to remedy any other intended or actual harm to the victim incurred as a result of the offense.

A person is guilty of a third degree felony if he: i obtains or possesses multiple identifying documents with knowledge that he is not entitled to obtain or possess the multiple identifying documents; or ii assists another person in obtaining or possessing multiple identifying documents with knowledge that the person is not entitled to obtain or possess the multiple identifying documents. Any person who violates this section and sells or distributes such information to another is guilty of a Class 5 felony.

Any person who violates this section and uses such information in the commission of another crime is guilty of a Class 5 felony. Violations of this section shall be punishable as a Class 1 misdemeanor. Any second or subsequent conviction shall be punishable as a Class 6 felony. Any violation of subsection B where five or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 5 felony.

Any violation of subsection B where 50 or more persons' identifying information has been obtained, recorded, or accessed in the same transaction or occurrence shall be punishable as a Class 4 felony. Any violation resulting in the arrest and detention of the person whose identification documents or identifying information were used to avoid summons, arrest, prosecution, or to impede a criminal investigation shall be punishable as a Class 5 felony.

Upon conviction, in addition to any other punishment, a person found guilty of this offense shall be ordered by the court to make restitution as the court deems appropriate to any person whose identifying information was appropriated or to the estate of such person. Such restitution may include the person's or his estate's actual expenses associated with correcting inaccuracies or errors in his credit report or other identifying information.

The sentence shall include a mandatory minimum term of confinement of six months. A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a is guilty of a felony and is punishable by a term of imprisonment of one year and not more than four years.

A person convicted of any offense enumerated in paragraphs 2 through 5 of subsection a a second or subsequent time is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years. A person who, within a month period, is found in violation of any offense enumerated in paragraphs 2 through 5 of subsection a with respect to the identifiers of three or more separate individuals, at the same time or consecutively, is guilty of a felony that is punishable by a term of imprisonment of not less than two years and not exceeding five years.

A person who has been previously convicted of aggravated identity theft, regardless of the value of the property involved who is convicted of a second or subsequent offense of aggravated identity theft regardless of the value of the property involved, shall be punished by a term of imprisonment of not less than six years but not more than 30 years.

No person may knowingly obtain, possess, use, or transfer a means of identification or financial information of another person, living or dead, with the intent to commit, or to aid or abet, any crime. Identity theft in the first degree is a class B felony punishable according to chapter 9A.

A person is guilty of identity theft in the second degree when he or she violates subsection 1 of this section under circumstances not amounting to identity theft in the first degree. Identity theft in the second degree is a class C felony punishable according to chapter 9A. Criminal Offenses. Fraud Offenses. What if I just had or used the personal identification information to harass someone I didn't like, but not for financial gain?

What if I used a public record to get the personal identification information? What if I made up the information and it doesn't belong to anyone?

What if I'm charged with pretending to be someone from the bank or a police officer to obtain the personal identification information? Up to life in prison Special Victims It is Second Degree Felony, punishable by up to 15 years in prison to fraudulently use the personal identification information of the following victims:.

See synonyms for impersonation on Thesaurus. We could talk until we're blue in the face about this quiz on words for the color "blue," but we think you should take the quiz and find out if you're a whiz at these colorful terms. Words nearby impersonation impersonal , impersonalism , impersonality , impersonalize , impersonate , impersonation , impersonator , impertinence , impertinency , impertinent , imperturbable.

Words related to impersonation acting , enactment , pose , role. Are Chinese spies trying to hack this anticensorship startup? For example:. A fraud alert is free. It will make it harder for someone to open new accounts in your name. Review your reports.

This will help you report the theft to the FTC and the police. Based on the information you enter, IdentityTheft. The Department of Justice prosecutes cases of identity theft and fraud under a variety of federal statutes. This legislation created a new offense of identity theft, which prohibits "knowingly transfer[ring] or us[ing], without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, any unlawful activity that constitutes a violation of Federal law, or that constitutes a felony under any applicable State or local law.

This offense, in most circumstances, carries a maximum term of 15 years' imprisonment, a fine, and criminal forfeiture of any personal property used or intended to be used to commit the offense.



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