Identity Theft in Florida: When a State Investigation Can Become a Federal Case
An identity theft investigation rarely begins with an arrest.
It usually starts somewhere much quieter — a suspicious bank transaction, a credit-card alert, a fraudulent account, or a victim reporting that someone has been using their personal information.
Then the investigation grows.
By the time federal agents knock on a door, investigators may already have months of financial records, digital evidence, transaction information, and other records connecting the alleged activity to a particular person.
If you are being investigated for identity theft in Florida, understanding how these cases develop can matter just as much as understanding the criminal charges themselves.
How Serious Is Identity Theft in Florida?
Identity theft can be prosecuted under both Florida and federal law, depending on the facts of the case.
Florida’s identity theft statute, Florida Statute 817.568, uses different levels of punishment based on factors such as the number of victims and the amount of financial benefit or loss involved.
The basic offense involves fraudulently using another person’s personal identifying information without consent.
That can start as a third-degree felony, carrying up to 5 years in prison.
The potential penalties increase as the case becomes larger:
- $5,000 or more in benefit or loss, or 10 to 19 victims — second-degree felony, punishable by up to 15 years.
- $50,000 or more in benefit or loss, or 20 or more victims — first-degree felony, punishable by up to 30 years.
- If the victim is under 18 or 60 or older, a separate enhancement can apply regardless of the dollar amount, making the offense a second-degree felony.
The numbers matter.
But they are not the only thing prosecutors look at.
When Does Florida Identity Theft Become a Federal Case?
Some identity theft investigations also involve federal law.
That can happen when the alleged conduct crosses state lines or involves electronic communications and other federal jurisdictional factors.
Under 18 U.S.C. § 1028, the standard federal offense can carry up to 15 years in federal prison per count.
The potential maximum increases to:
- 20 years when the offense is connected to drug trafficking or a violent crime.
- 30 years when it is connected to terrorism.
Modern identity theft can involve transactions, accounts, devices, and communications spread across different states. That can create a very different legal landscape from a case handled solely under Florida law.
What Counts as Identity Theft in Florida?
The phrase “identity theft” covers much more than stealing someone’s credit card.
Florida law addresses the unauthorized use of another person’s personal identifying information with the intent to commit fraud.
That information can include:
- Name
- Social Security number
- Date of birth
- Driver’s license information
- Bank account numbers
- Credit card information
- PINs
- Passwords
- Other identifying information
Consider a simple example.
Someone uses another person’s Social Security number to open a credit account. The person whose identity was used may not discover the problem for weeks or even months.
Another situation might involve someone accessing an online financial account and using it to move money or make purchases.
The technology changes. The legal questions remain.
Common Examples of Identity Theft
Identity theft cases can involve conduct such as:
- Using another person’s credit or debit card information.
- Opening accounts under someone else’s name.
- Filing a fraudulent tax return using another person’s Social Security number.
- Obtaining a loan using another person’s identity.
- Accessing another person’s online accounts for financial transactions.
- Using the identity of a deceased person for financial gain.
The last example has its own Florida statute.
Florida Statute 817.5685 specifically addresses the fraudulent use of a deceased person’s identity and provides enhanced penalties for that conduct.
How Does an Identity Theft Investigation Work in Florida?
Identity theft investigations often develop slowly.
A victim may notice an unfamiliar transaction and contact their bank. The bank or credit-card company may then flag the account and begin its own investigation.
If the activity appears to involve criminal conduct, law enforcement may become involved.
Depending on the circumstances, agencies such as the Secret Service, FBI, or IRS Criminal Investigation may investigate.
And the investigation can become highly detailed.
What Evidence Can Investigators Collect?
Investigators may obtain records such as:
- Bank and financial records.
- IP addresses.
- ATM surveillance footage.
- Transaction histories.
- Electronic communications.
- Device information.
- Cell phone location data.
Imagine an alleged fraudulent purchase made from an account belonging to someone in Florida.
Investigators may not simply ask, “Who made the purchase?”
They may work backward through the transaction — looking at the account, device, location, communications, surveillance footage, and other records to identify who was actually involved.
That is why an identity theft investigation can look very different by the time a suspect is contacted.
Why the Evidence May Exist Before an Arrest
One of the most important things to understand about these cases is the timeline.
An arrest is not necessarily the beginning of the investigation.
In many cases, it is the point at which the investigation has already produced substantial evidence.
By then, investigators may have contacted financial institutions, obtained records, reviewed digital information, interviewed witnesses, and connected transactions to particular devices or accounts.
That does not mean the government’s evidence is automatically correct or complete.
It means the defense needs to understand what evidence exists and what that evidence actually proves.
A bank record can show a transaction.
An IP address can show an internet connection.
A device can show activity.
None of those facts, standing alone, necessarily answers every question about who intentionally committed the alleged fraud.
That distinction can become important in a federal identity theft case.
What Is Aggravated Identity Theft Under Federal Law?
Federal law contains a separate offense known as aggravated identity theft.
Under 18 U.S.C. § 1028A, the offense can apply when a person uses another person’s identity information in connection with certain qualifying federal felonies.
The list of underlying offenses extends beyond familiar charges such as wire fraud and bank fraud. It can also include offenses involving areas such as immigration and Social Security fraud.
The sentencing consequences can be substantial.
The Two-Year Mandatory Consecutive Sentence
A conviction under § 1028A carries a mandatory additional 2-year federal prison sentence in the circumstances covered by the statute.
“Additional” is the key word.
The sentence generally runs consecutively, meaning it is served on top of the sentence imposed for the underlying qualifying offense rather than at the same time.
If the underlying offense is terrorism-related, the mandatory additional sentence can increase to 5 years.
There is another issue that can become especially important when a case involves multiple alleged victims.
Can Each Victim Lead to a Separate Aggravated Identity Theft Count?
According to the Identity Theft Resource Center, federal prosecutors can charge separate aggravated identity theft counts based on individual victims in appropriate cases. Identity Theft Charges and Penalties — Identity Theft Resource Center
That can dramatically change the potential sentencing exposure.
For example, if five separate victims are involved and prosecutors pursue a separate qualifying count for each victim, the mandatory additional prison time could reach 10 years, before considering the sentence for the underlying offense.
That is why the number of alleged victims can matter far beyond the amount of money involved.
How Does Aggravated Identity Theft Affect a Federal Sentence?
Consider a hypothetical wire-fraud case involving several people’s identifying information.
The underlying wire-fraud charge may carry its own potential sentence of up to 20 years.
If aggravated identity theft is also charged and the statutory requirements are met, mandatory consecutive prison time may be added to the sentence.
The cases can therefore become complicated very quickly.
According to the Identity Theft Resource Center source provided for this article, approximately 99% of people convicted under the statute are sentenced to prison. Identity Theft Charges and Penalties — Identity Theft Resource Center
What Defenses Can Be Raised in an Identity Theft Case?
A large amount of evidence does not automatically establish every element of a criminal offense.
The defense needs to examine the evidence piece by piece.
Did the Defendant Actually Access the Account?
A financial account may show unauthorized activity.
That does not necessarily establish who personally accessed the account.
The defense can examine whether the alleged defendant actually logged in, made the transaction, used the device, or controlled the account at the relevant time.
Does the Digital Evidence Identify a Person — or Just a Device?
Digital evidence can be powerful.
But it still needs context.
An IP address may connect activity to an internet connection. A device log may show that a particular device was used. Cell phone data may place a phone in a particular area.
Those facts are not always the same thing as proving who intentionally performed the transaction.
For example, several people may have access to the same computer, Wi-Fi network, phone, or financial account.
The defense should ask a basic question:
What does the evidence actually establish?
Was There a Lawful Explanation for the Activity?
Not every unusual transaction proves criminal intent.
The defense may examine whether the activity resulted from:
- Mistaken information.
- Authorized access.
- Shared account credentials.
- Misunderstanding between account users.
- Unauthorized activity committed by another person.
The issue is not simply whether something unusual happened.
The prosecution must establish the required criminal intent.
Were Statements Obtained Lawfully?
If investigators questioned the defendant, the defense can examine how those statements were obtained.
Was the person in custody?
Were proper warnings provided when required?
Did the person make an admission voluntarily?
A statement should be evaluated in its full context rather than by pulling out a single sentence.
What Should You Do If You Are Under Investigation for Identity Theft?
If federal agents, state investigators, or law enforcement officers contact you about suspected identity theft, do not assume that explaining everything immediately will make the situation disappear.
It may not.
Investigators may already have financial records and digital evidence before contacting you.
That is why the timing of legal representation can matter.
An attorney can review what is known about the investigation, assess the evidence, and advise you about how to respond before you make statements that could later become part of the case.
Facing a State or Federal Identity Theft Investigation in Florida?
Identity theft cases can involve multiple victims, financial institutions, digital records, and — in some circumstances — federal charges with mandatory sentencing consequences.
If you are under investigation or have already been charged with identity theft in Florida, Albert Quirantes, Esq. can review your situation during a free, confidential consultation.
Call (305) 644-1800.
Available 24 hours a day, 7 days a week.
Sources
- Florida Statute 817.568 — identity theft degree classifications and dollar/victim thresholds
- Florida Statute 817.5685 — fraudulent use of a deceased person’s identity
- 18 U.S.C. § 1028A, U.S. House Office of the Law Revision Counsel — aggravated identity theft and mandatory consecutive sentencing
- Identity Theft Charges and Penalties, Identity Theft Resource Center — per-victim aggravated identity theft counts and conviction statistics
