Chicago Criminal Lawyer Blog
Chicago’s Position on Social Security Number Fraud
Chicago has long been one of the busiest financial centers in the Midwest. With its banks, credit unions, tax preparers, and thousands of employers, it is no surprise that allegations of Social Security number misuse are aggressively investigated and prosecuted in this city. Prosecutors see these cases not as minor paperwork problems but as crimes that undermine public trust in financial institutions and government systems.
Illinois law is clear. Under 720 ILCS 5/16G-15, identity theft occurs when someone knowingly uses another person’s identifying information, such as a Social Security number, to commit fraud or obtain money, goods, services, or other benefits. The statute applies even if no financial loss occurs. That means someone accused of trying to use another’s Social Security number may face charges even if no money was stolen.
Whether the offense is charged as a misdemeanor or a felony depends on the financial harm and the surrounding circumstances. A Class A misdemeanor applies only when the alleged value is less than $300. In practice, however, most cases tied to Social Security numbers in Chicago are prosecuted as felonies, with punishments ranging from years in prison to significant fines.
Because Chicago is in Cook County, prosecutors here are particularly aggressive with financial crimes. They often work alongside federal authorities, and many cases start with referrals from agencies such as the IRS or the Social Security Administration. A person accused may suddenly find themselves facing not only state charges but also possible federal prosecution. That is why the guidance of a seasoned defense lawyer is essential from the very beginning.
How Investigations Unfold in Illinois
Most Social Security number identity theft cases in Chicago begin with a complaint. An individual may report unauthorized tax filings, fraudulent unemployment claims, or credit inquiries. Banks and employers are also frequent sources of reports. Once flagged, the case is often transferred to specialized investigators.
Law enforcement in Chicago typically follows a methodical process. Investigators subpoena records, analyze applications for credit or benefits, and examine digital footprints. IP addresses, email accounts, and even metadata from scanned applications can become evidence. In some cases, investigators seize computers and phones, sending them for forensic review.
An arrest does not happen at the first sign of suspicious activity. Instead, investigators often spend months building a case. By the time police knock on a door in Chicago’s neighborhoods—whether in Uptown, Bronzeville, or Logan Square—they usually believe they have enough evidence for a conviction. That is precisely why immediate legal representation matters. An attorney must review whether investigators overstepped their authority, whether warrants were properly obtained, and whether evidence was gathered lawfully.
What Is at Stake if Convicted
The consequences of a Social Security number identity theft conviction in Illinois go far beyond prison and fines. Under the statute:
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Class 3 felonies, where the value is $300 or more, carry two to five years in prison.
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Class 2 felonies, for amounts above $10,000, carry three to seven years.
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Class X felonies, for amounts over $100,000, carry six to thirty years.
In addition to imprisonment and fines, courts often order restitution. For someone accused of misusing a Social Security number for unemployment benefits or tax refunds, this can mean thousands of dollars in repayment obligations.
The damage to one’s criminal record may be even worse. Identity theft is a crime of dishonesty, and employers, landlords, and licensing boards see it as a red flag. A conviction can prevent someone from working in financial services, health care, or government jobs. Immigration consequences are also severe, as identity theft is considered a crime involving moral turpitude.
Chicago judges do have discretion to impose probation in some cases, but this is rarely granted without skilled advocacy. A strong defense can make the difference between prison and probation, or between conviction and dismissal.
Example Case and Strategy
Consider a hypothetical case in Chicago’s West Garfield Park. Police allege that a man used another individual’s Social Security number to apply for rental housing and open a bank account. The case appears solid because online applications traced back to his apartment.
A defense lawyer investigates and learns that several people live in the same unit, all sharing devices and internet access. Furthermore, the bank never verified the documents submitted, raising questions about whether the application was truly fraudulent. The attorney argues that prosecutors cannot prove beyond a reasonable doubt that the accused was the person who actually submitted the applications. Ultimately, the charges are reduced, and the defendant avoids prison.
This example highlights the importance of challenging assumptions. Prosecutors often rely on circumstantial evidence, but defense attorneys can expose weaknesses that change the outcome entirely.
Why a Defense Attorney Matters at Every Step
From the moment of investigation through sentencing, a defense attorney is indispensable. At the investigative stage, an attorney can advise clients on how to respond to subpoenas or police interviews, preventing self-incrimination. At bond hearings, an attorney argues for release, ensuring the accused can prepare a defense outside of custody. During discovery, attorneys scrutinize the evidence for flaws, filing motions to suppress illegally obtained data.
At trial, a lawyer cross-examines witnesses, challenges forensic experts, and highlights inconsistencies. If the case ends in conviction, an attorney advocates for reduced sentencing and explores appeal options. Without representation, defendants often miss critical opportunities to limit damage.
Defense Strategies That Work
Defense strategies depend on the facts, but in Chicago, common approaches include:
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Demonstrating lack of intent to commit fraud.
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Highlighting mistaken identity, especially in shared housing or internet use.
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Arguing that searches of phones or computers violated Fourth Amendment rights.
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Showing that financial institutions failed to authenticate documents, creating doubt about responsibility.
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Stressing the absence of direct evidence tying the accused to fraudulent acts.
An attorney crafts the defense to fit the unique circumstances, using weaknesses in the state’s case to press for dismissal, reduction, or acquittal.
FAQs: Chicago Social Security Number Identity Theft Defense
Is Social Security number identity theft treated differently in Chicago than elsewhere in Illinois?
Chicago prosecutors handle higher volumes of these cases, often working closely with federal authorities. This makes the environment more aggressive than smaller counties, where cases may be less frequent.
Can I be charged even if no money was lost?
Yes. Illinois law criminalizes not just the successful use of another person’s Social Security number, but also the possession or attempted use with intent to commit fraud.
What if I never personally used the number but someone in my household did?
Possession of someone else’s Social Security number is not enough. The prosecution must prove intent and use. A defense attorney can argue that shared access makes it impossible to prove who committed the act.
Can I get probation instead of prison?
Probation is possible in certain cases, particularly for first-time offenders and lower-value charges. However, probation is not guaranteed, and strong legal advocacy is necessary.
Will this conviction stay on my record forever?
Yes. Identity theft convictions generally cannot be expunged in Illinois. They remain on your permanent record and will appear on background checks.
What if the evidence comes from my phone or computer?
Digital evidence is often central to these cases. However, if police obtained it without a valid warrant or exceeded the scope of the warrant, an attorney may be able to suppress that evidence.
Can federal prosecutors take over my case?
Yes. If the alleged misuse of a Social Security number involves federal benefits, interstate activity, or significant amounts of money, the U.S. Attorney’s Office may file federal charges, which carry harsher penalties.
Why do I need a Chicago defense lawyer specifically?
Local attorneys know the Cook County courts, judges, and prosecutors. That local knowledge can be critical in building an effective defense strategy.
Why Defendants Trust The Law Offices of David L. Freidberg
Facing Social Security number identity theft charges in Chicago is daunting. The consequences are severe, and the prosecutors are skilled. Without an attorney, you risk imprisonment, fines, restitution, and permanent damage to your record.
The Law Offices of David L. Freidberg offers decades of experience defending clients in Cook County and across Illinois. With a history of fighting financial crime cases and achieving reduced charges, dismissals, and acquittals, the firm is ready to protect your future.
When You Need a Fighter, Call Us!
If you were arrested in Chicago, protect your future by contacting The Law Offices of David L. Freidberg. We have decades of experience handling criminal, DUI, and traffic cases in Illinois. Our firm is available 24/7 to provide the legal defense you deserve.
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.
