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Federal Aggravated Identity Theft Defense Lawyer in Chicago, Illinois
Federal Aggravated Identity Theft in Chicago and Illinois Criminal Law
Chicago is home to some of the busiest financial centers in the Midwest, from the Chicago Board of Trade in the Loop to banks and businesses spread across Cook County, DuPage County, Will County, and Lake County. Federal prosecutors in Illinois take white-collar crime very seriously, and one of the harshest charges a person can face is federal aggravated identity theft, prosecuted under 18 U.S.C. § 1028A.
To understand the seriousness, it helps to look at how Illinois law treats crimes. In this state, criminal charges are divided into misdemeanors and felonies. A misdemeanor, such as a petty theft under $500, is punishable by less than one year in county jail. Felonies, however, are far more serious and can lead to prison terms of a year or more in the Illinois Department of Corrections. State identity theft charges fall under 720 ILCS 5/16-30, which criminalizes using another person’s identity for financial gain, and penalties increase depending on the amount of money involved or number of victims.
By contrast, federal aggravated identity theft goes beyond Illinois statutes. It carries a mandatory minimum prison sentence of two years, which must be served in addition to any other sentence. If the charge is connected to terrorism-related conduct, the penalty jumps to a mandatory five years. This means there is no probation, no suspended sentence, and no possibility of having the sentences run at the same time.
For anyone in Chicago accused of using another person’s Social Security number, driver’s license, bank information, or similar personal data in connection with another felony, the risks are extremely high. Beyond prison time, a conviction permanently scars your record, affecting job opportunities, housing, and even immigration status. That is why building a strong defense from the moment you learn you are under investigation is essential.
How Federal Criminal Cases Begin and the Investigation Process
Unlike many state-level charges, federal aggravated identity theft cases almost always start with lengthy investigations. Agencies such as the FBI, IRS Criminal Investigation Division, Secret Service, or Postal Inspectors may spend months or years gathering information before making an arrest.
Investigators collect financial records, digital evidence, emails, phone logs, and surveillance data. They may subpoena banks, employers, or internet service providers. In Chicago, investigators frequently focus on financial institutions headquartered downtown, but they may also target smaller businesses or individuals throughout neighborhoods like Logan Square, Englewood, or Humboldt Park.
The goal of law enforcement is to tie a defendant directly to the alleged use of another person’s identity. This might involve tracing bank deposits, comparing handwriting, or recovering deleted computer files. Unfortunately, these investigations can cast too wide a net, implicating innocent people. For example, a stolen laptop used by someone else could be traced back to its original owner, leading to false assumptions.
Once investigators believe they have enough evidence, they present the case to a federal grand jury. Unlike in Illinois state court, where prosecutors may file charges directly, federal charges nearly always involve an indictment. The grand jury proceedings are secret, and the accused has no opportunity to present their side before an indictment is returned.
Arrest Process and Initial Court Hearings
When an indictment is issued, federal agents will often make an arrest at a person’s home or workplace. In Chicago, arrests frequently involve cooperation between federal officers and local police. The defendant is taken to the Dirksen Federal Courthouse downtown for an initial appearance.
At this hearing, the charges are read, and the judge decides whether the defendant should be released on bond. Unlike Illinois state courts, where bond amounts can be posted quickly, federal courts use a detention hearing to decide if release is appropriate. Prosecutors may argue that the defendant is a flight risk or a danger to the community. A strong defense attorney is crucial at this stage to present evidence that the accused has strong ties to Chicago, steady employment, and no reason to flee.
Penalties and Consequences of a Conviction
The penalties for federal aggravated identity theft are severe. 18 U.S.C. § 1028A(a)(1) requires a mandatory two-year prison term for aggravated identity theft, consecutive to any other sentence imposed. If linked to terrorism, the mandatory sentence is five years.
This means that if someone is convicted of mail fraud (which may carry a guideline sentence of 18 months) and aggravated identity theft, they will serve 18 months plus two additional years—no exceptions. The judge has no discretion to reduce or suspend the sentence.
The consequences do not end with prison. A federal felony conviction remains on your record permanently. It cannot be sealed or expunged. In Illinois, employers are legally allowed to consider federal convictions when hiring. Professional licenses can be revoked, immigration benefits denied, and reputations destroyed. Housing applications, loan approvals, and even credit opportunities may be affected.
These collateral consequences make it clear that defending against federal aggravated identity theft is about more than avoiding prison—it is about preserving your future.
The Federal Criminal Trial Defense Process in Illinois
Federal criminal trials in Illinois follow a strict sequence. After the indictment and arraignment, the prosecution must provide discovery materials. This includes witness statements, documents, and digital evidence. A defense attorney reviews this material to identify weaknesses, inconsistencies, or constitutional violations.
Pretrial motions may challenge the legality of searches, the admissibility of evidence, or the sufficiency of the indictment. In Chicago, motions are argued before federal judges who take constitutional rights seriously, but who also rely on well-prepared defense counsel to present compelling arguments.
If the case goes to trial, the prosecution must prove guilt beyond a reasonable doubt. Federal trials are held before juries in the Dirksen U.S. Courthouse. Testimony may include law enforcement agents, financial experts, and alleged victims. A defense attorney’s role is to challenge credibility, highlight gaps in the government’s case, and present alternative explanations.
Sentencing follows if a guilty verdict is returned. While federal sentencing guidelines provide ranges, aggravated identity theft requires the mandatory consecutive term, leaving judges with no discretion to lower it. This makes early defense strategies and plea negotiations critical.
Example Case in Chicago: Defense in Action
Consider a fictional example in the neighborhood of Pilsen. Federal agents accuse a small business owner of using another individual’s Social Security number to apply for a business loan. The government argues that the loan documents and bank records prove guilt.
The defense strategy challenges the government’s interpretation of the evidence. The business owner had hired a part-time bookkeeper who had access to financial documents. By analyzing handwriting and digital footprints, the defense shows that someone else may have filled out the application. The attorney also raises issues with how investigators obtained the records, arguing that the subpoenas exceeded their legal authority.
In this scenario, the defense successfully raises reasonable doubt, leading to a favorable plea agreement that avoids the mandatory consecutive sentence. This fictional example demonstrates how aggressive defense work can change the outcome of a federal aggravated identity theft case in Chicago.
Types of Evidence Law Enforcement Collects
In aggravated identity theft investigations, prosecutors and agents often seek:
- Bank account records and loan applications
- Credit card statements and online purchase histories
- Digital evidence from computers and phones
- Surveillance footage from banks or retail stores
- Testimony from financial institutions or alleged victims
Each type of evidence can be challenged. Records may be incomplete, witnesses may be mistaken, and digital data may be misinterpreted. A skilled defense attorney knows how to cross-examine witnesses and hire forensic experts to analyze the government’s claims.
The Benefits of Having a Criminal Defense Attorney
From the first knock on the door by federal agents, having an attorney is critical. An experienced Chicago defense lawyer protects your rights during questioning, prevents self-incrimination, and ensures you are not pressured into unfair plea deals.
Throughout the case, an attorney challenges illegally obtained evidence, negotiates with prosecutors, and prepares for trial. In federal court, where prosecutors are highly trained and well-resourced, trying to defend yourself is nearly impossible. A defense lawyer levels the playing field.
Potential Legal Defenses
Defenses to aggravated identity theft may include:
- Lack of knowledge that another’s identity was being used
- Mistaken identity or false attribution of digital activity
- Evidence obtained through unconstitutional searches or seizures
- Insufficient proof connecting the defendant to the documents in question
- Demonstrating that another party committed the fraud
Each defense depends on the specific facts of the case, which is why careful review of the evidence and independent investigation are necessary.
Qualities to Look for in a Chicago Criminal Defense Attorney
When facing federal charges, not just any lawyer will do. You should look for someone who:
- Has extensive experience in federal court
- Understands federal sentencing guidelines
- Is available to you and communicates clearly
- Has a history of success in white-collar and fraud-related cases
- Knows Chicago’s federal judges and prosecutors
These qualities can make the difference between a lengthy prison sentence and a favorable outcome.
Questions to Ask in a Free Consultation
When you sit down for your free consultation, consider asking:
- How many federal cases have you defended in Chicago?
- What strategies might apply to my aggravated identity theft case?
- How do you communicate with clients during federal investigations?
- What outcomes have you achieved in similar cases?
- What is your approach to plea negotiations versus trial?
Asking the right questions helps you understand whether the attorney is the right fit for your case.
Chicago and Illinois Criminal Defense FAQs
What is the difference between state identity theft and federal aggravated identity theft in Illinois?
State identity theft under 720 ILCS 5/16-30 can be charged for using another person’s information without authorization. Penalties depend on the value stolen, with higher amounts leading to felony charges. Federal aggravated identity theft, however, requires proof that someone knowingly used another person’s identity during the commission of a felony. The federal version carries a mandatory prison sentence that Illinois state courts do not impose.
Can someone in Chicago be investigated by both state and federal prosecutors for identity theft?
Yes. Illinois prosecutors in Cook County may file state charges, while federal prosecutors may pursue aggravated identity theft. In some cases, state charges are dropped once the federal government takes over. The key difference is the severity of punishment in federal court and the resources federal investigators have at their disposal.
What should I do if I suspect I am under investigation for identity theft?
If you believe investigators are looking into you, do not wait for an arrest. Federal agents often contact potential defendants before indictments. Speaking to them without a lawyer can damage your case. Contacting a defense attorney in Chicago immediately allows you to prepare and potentially prevent charges from being filed.
How does a federal grand jury indictment work in Chicago?
A grand jury of 23 people hears evidence presented by federal prosecutors. If a majority believes probable cause exists, they return an indictment. The accused has no right to be present, and their attorney cannot present evidence at this stage. That is why preparation before indictment is crucial.
What happens at the Dirksen Federal Courthouse during a federal identity theft case?
Your case will likely be heard at the Dirksen U.S. Courthouse in downtown Chicago. This is where all federal criminal matters in the Northern District of Illinois are prosecuted. Proceedings include arraignments, motion hearings, and trials. Having an attorney familiar with this courthouse is important.
Can aggravated identity theft charges be dismissed?
Yes, but it depends on the strength of the defense. If evidence was illegally obtained or if the government cannot prove the defendant knowingly used another’s identity, charges may be dismissed or reduced. A skilled attorney identifies these weaknesses and argues them aggressively.
What are the long-term consequences of a conviction beyond prison time?
A conviction can impact employment, housing, immigration, and professional licensing. In Chicago’s competitive job market, a federal felony record makes it difficult to secure positions, especially in finance, healthcare, and technology. The conviction is permanent and cannot be expunged.
Why You Need an Attorney and Why The Law Offices of David L. Freidberg is the Right Choice
Federal aggravated identity theft charges in Chicago are among the most serious federal crimes. The penalties are harsh, the evidence complex, and the process intimidating. Without an attorney, defendants face overwhelming odds. A defense lawyer ensures your rights are protected, builds a strategy tailored to your case, and fights for the best possible outcome.
At The Law Offices of David L. Freidberg, we bring decades of experience defending clients in Chicago and across Illinois. We have handled countless federal cases, understand the unique challenges of aggravated identity theft, and know how to dismantle the government’s arguments. Choosing the right attorney can mean the difference between years in prison and a reduced or dismissed charge.
When You Need a Fighter, Call Us!
If you or someone you love has been charged with federal aggravated identity theft in Chicago, Cook County, DuPage County, Will County, or Lake County, do not wait. Call The Law Offices of David L. Freidberg today. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. We’re available 24/7 to serve clients throughout Illinois, Cook County, DuPage County, Will County, and Lake County. Protect your future with an attorney who has a proven track record of success in federal criminal defense.