INTERNATIONAL IDENTITY THEFT: HOW THE INTERNET REVOLUTIONIZED IDENTITY THEF...: EBSCOhost - 0 views
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Joseph Rhodes II on 10 Nov 13Note 1: Regardless of this evidence showing that Rohn possessed many different forms of false identification, the court reversed Rohn's conviction because the government was unable to show that Rohn "knowingly possess[ed] with intent to use unlawfully or transfer unlawfully five or more identification documents"^'' as required by 18 U.S.C. § 1028(a)(3).^^ Note 2: n unlawful use because Rohn had not demonstrated a lawful one."^^ The court stated that the government tried to convict Rohn under a statute that Congress did not write, and that because the government did not technically meet all elements of the statute, the conviction had to be overturned. Thus, even though the government had charged an individual who had obviously stolen and used many different identities, the government was unable to convict this individual based on the technical language in the statute. Note 3: The U.S. Supreme Court agreed with the Petitioner, holding that the government must prove that a defendant knew that the "means of identification" he or she unlawfully transferred, possessed, or used did, in fact, belong to another person.'**^ Note 4: Thus, because the government could not prove that the petitioner technically knew that the identification numbers belonged to other people, the Supreme Court reversed the aggravated identity theft charges.'*'
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