Federal aggravated identity theft is not just another fraud charge—it is one of the harshest federal crimes prosecuted in Chicago. Under 18 U.S.C. § 1028A, defendants convicted of aggravated identity theft face mandatory prison time. Judges cannot reduce or suspend these penalties, which means the stakes are higher than in almost any other federal fraud case.
While Illinois state law under 720 ILCS 5/16-30 punishes identity theft, outcomes can sometimes include probation or conditional discharge. In federal court, however, there is no room for leniency once guilt is established. This sharp difference makes federal aggravated identity theft an especially intimidating charge for defendants in Cook County, DuPage County, Will County, and Lake County.
In Chicago, these cases are prosecuted at the Dirksen Federal Courthouse, where seasoned prosecutors handle white-collar and fraud-related charges daily. Defendants who walk into court without an experienced federal defense lawyer are at an enormous disadvantage.
How Federal Identity Theft Cases Develop in Illinois
Investigations usually begin long before an arrest. Agencies such as the FBI and IRS Criminal Investigation Divisioncoordinate with financial institutions to trace transactions. They examine account activity, monitor credit applications, and issue subpoenas for employment and tax records.
In neighborhoods across Chicago, from Rogers Park to Beverly, investigators may build a case around something as small as a questionable credit application or as large as a healthcare billing scheme. Because they have months to prepare, federal prosecutors often walk into court with boxes of financial records and forensic reports.
Defendants, however, often learn about the case only after an arrest or grand jury indictment. This imbalance underscores why immediate legal representation is crucial—the government already has a head start.
Arrest and Pretrial Detention in Chicago Federal Court
Once an indictment is issued, federal agents typically make the arrest at home or work. The defendant is then brought to the initial appearance at the Dirksen Federal Courthouse. At this hearing, charges are read and conditions of release are determined.
Federal judges use detention hearings to decide whether the accused should be held or released. Prosecutors often argue that the seriousness of aggravated identity theft makes defendants a flight risk. Without a lawyer presenting strong evidence of ties to Chicago, release may be denied, forcing the accused to await trial in custody.
This early stage sets the tone for the entire case. A strong showing by defense counsel can make a dramatic difference in how the proceedings move forward.
Understanding the Penalties
The punishment for aggravated identity theft is severe. By statute, a conviction requires:
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Two years in federal prison consecutive to any other sentence
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Five years if connected to terrorism-related conduct
This is non-negotiable. Even if the underlying felony results in probation or a short prison term, the aggravated identity theft conviction guarantees additional time behind bars.
On top of incarceration, collateral consequences include:
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A permanent federal felony record
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Loss of employment opportunities in sensitive fields
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Barriers to housing and financial services
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Immigration consequences for non-citizens
Because these outcomes are unavoidable if convicted, defense strategies must focus on undermining the government’s case before a guilty verdict is reached.
Example Case: A Fictional Defense in Logan Square
Imagine federal prosecutors charging a Chicago resident from Logan Square with aggravated identity theft tied to mortgage fraud. Investigators claim the defendant used another person’s personal identifying information to obtain a home loan.
The defense attorney investigates and discovers that the defendant’s business partner, who had access to the loan documents, may have been the actual person who misused the information. By highlighting discrepancies in signatures and pointing out gaps in digital audit logs, the attorney creates reasonable doubt.
This fictional case illustrates how defense work can uncover alternative explanations, which may lead prosecutors to reduce charges or offer a plea agreement without the mandatory consecutive sentence.
The Role of Evidence in Federal Identity Theft Trials
Evidence in these cases often includes:
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Loan and bank documents
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Computer forensic reports
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Recorded communications
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Testimony from victims and financial institutions
Each type of evidence presents opportunities for challenge. For example, if investigators exceeded the scope of their warrant when seizing electronic devices, the defense may seek to suppress key evidence. Similarly, if financial institutions cannot prove chain of custody for documents, their reliability can be questioned.
Why You Need a Lawyer at Every Stage
Federal aggravated identity theft cases move quickly, and every stage is critical.
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During investigation: A lawyer can intervene before charges are filed, potentially preventing an indictment.
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At arrest and bond hearings: An attorney argues for release, allowing you to prepare for trial outside of custody.
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In pretrial motions: A defense lawyer challenges illegally obtained evidence.
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During trial: The attorney cross-examines witnesses and presents alternative explanations.
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At sentencing: Even with mandatory terms, skilled advocacy can influence other parts of the sentence.
Without legal representation, defendants face overwhelming odds in federal court.
Potential Defenses in Federal Aggravated Identity Theft Cases
Some defenses that may apply include:
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Proving lack of intent or knowledge
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Demonstrating mistaken identity
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Showing evidence was seized unlawfully
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Presenting alternative suspects with access to the same information
Each defense requires a careful review of the facts, but even one successful motion can weaken the government’s case enough to change the outcome.
FAQs on Federal Aggravated Identity Theft in Chicago
Is aggravated identity theft always charged with another crime?
Yes. By definition, aggravated identity theft is charged in connection with another felony, such as wire fraud or bank fraud. It cannot stand alone.
Can someone avoid prison for aggravated identity theft?
No. If convicted, the statute requires a mandatory prison sentence. The only way to avoid prison is to beat the charge or negotiate for dismissal or reduction.
What role does the grand jury play in Chicago federal cases?
The grand jury decides whether to return an indictment based on evidence presented by prosecutors. Defendants and their lawyers are not present during these proceedings.
How is federal sentencing different from state sentencing in Illinois?
Illinois judges have greater discretion and may impose probation or conditional discharge in some identity theft cases. Federal judges are bound by sentencing guidelines and mandatory minimums.
Can aggravated identity theft charges affect immigration status?
Yes. Because it is a federal felony involving fraud, non-citizens convicted of aggravated identity theft may face deportation or denial of future immigration benefits.
Why Defendants Choose The Law Offices of David L. Freidberg
Federal aggravated identity theft is a high-stakes charge that requires immediate and skilled defense. The Law Offices of David L. Freidberg has decades of experience handling federal cases in Chicago and understands how to fight aggressively against prosecutors who seek mandatory prison time.
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.