Federal Identity Theft & Fraud Lawyer in Missouri

What Is Federal Identity Theft & Fraud?

Federal identity theft is prosecuted under 18 U.S.C. § 1028 (Identity Theft) and 18 U.S.C. § 1028A (Aggravated Identity Theft). These laws make it a federal felony to knowingly use, transfer, or possess another person’s identifying information without lawful authority, often as part of a fraud scheme.

At Combs Waterkotte, our federal criminal defense lawyers in Missouri know how to challenge the government’s narrative and protect what matters most—your freedom and your future. We combine aggressive courtroom advocacy with strategic negotiations to deliver results for clients facing identity theft and fraud allegations in Missouri’s federal courts.

How You Can be Charged With Federal Identity Theft in Missouri

You can be charged with federal identity theft in Missouri if prosecutors believe you knowingly used, transferred, or possessed someone else’s identifying information without permission. A federal charge for identity theft and fraud often come into play when it's tied to another federal crime like wire fraud or tax fraud.

Some common examples of how you could be charged in Missouri include:

• Opening credit card or bank accounts in someone else’s name
• Using stolen Social Security numbers or taxpayer information
• Filing fraudulent tax returns for refunds (tax refund fraud)
• Business email compromise and phishing scams to obtain sensitive data
• Online account takeovers and unauthorized transactions

How Federal Identity Theft Investigations Work in Missouri

These cases are often investigated by the FBI, Secret Service, IRS-CI, or Postal Inspectors. Investigators may:

• Track IP addresses, online activity, and financial transactions
• Subpoena bank and ISP records
• Seize computers, phones, and storage devices
• Interview alleged victims and witnesses
• Use undercover operations and sting tactics

By the time you are charged, the government often has a well-developed case. Our job is to challenge their evidence and create reasonable doubt.

Common Types of Identity Theft & Fraud Charges in Missouri

• Aggravated Identity Theft (18 U.S.C. § 1028A): Adds a mandatory two-year consecutive prison sentence if tied to certain felonies (wire fraud, bank fraud, immigration crimes).
• Wire Fraud (18 U.S.C. § 1343): Using electronic communications to commit fraud across state lines.
• Bank Fraud (18 U.S.C. § 1344): Fraudulently obtaining money or assets from a financial institution.
• Access Device Fraud (18 U.S.C. § 1029): Using stolen credit cards or account numbers.
• Computer Fraud (18 U.S.C. § 1030): Hacking or unauthorized computer access tied to identity theft.

Penalties for Federal Identity Theft in Missouri

Federal penalties are harsh. A conviction can result in:

• Prison: Up to 15 years for identity theft; aggravated identity theft carries a mandatory two-year sentence consecutive to any other term.
• Fines: Up to $250,000 for individuals or $500,000 for organizations.
• Restitution: Mandatory repayment to victims, sometimes for years after release.
• Forfeiture: Seizure of property purchased with alleged fraud proceeds.
• Permanent Federal Felony Record: Affecting employment, licensing, and immigration status.

Federal Case Timeline for Identity Theft & Fraud

Here’s what to expect if you are investigated or charged for identity theft in Missouri:

Step 1: Federal Investigation

Agents quietly gather data, issue subpoenas, and interview witnesses. Early legal intervention may stop the case before indictment.

Step 2: Indictment & Arrest

Federal prosecutors present evidence to a grand jury, who may issue an indictment. You are then arrested or summoned to court.

Step 3: Arraignment

Formal reading of charges, entry of plea, and bond hearing. Your federal identity theft defense attorney in Missouri begins immediate damage control.

Step 4: Discovery & Pretrial Motions

We obtain and review the government’s evidence, file motions to suppress or dismiss, and prepare your defense strategy.

Step 5: Negotiation & Trial Preparation

Trial readiness strengthens your position to negotiate for dismissals, charge reductions, or diversion programs.

Step 6: Trial & Sentencing

If your case goes to trial, the government must prove its case beyond a reasonable doubt. If convicted, we argue for leniency and explore appeals.

Impact on Your Finances, Reputation & Career in Missouri and Beyond

Identity theft and fraud charges can devastate your life. This can include:

• Seizure of assets and freezing of accounts
• Loss of professional licenses or certifications
• Long-term damage to credit and reputation
• Employment and housing challenges due to federal felony record

Defenses to Federal Identity Theft & Fraud Charges in Missouri

Some common strategies that could be used in your case include:

• Lack of Knowledge or Intent: Showing you didn’t knowingly commit fraud.
• Unlawful Search & Seizure: Suppressing evidence obtained illegally.
• Duress or Coercion: Establishing that you acted under threat or force.
• Mistaken Identity: Proving you weren’t the one who used the information or account.
• Insufficient Evidence: Demonstrating the government can’t prove every element beyond a reasonable doubt.

Federal Identity Theft FAQ

Is identity theft always a federal crime?

No, but federal charges apply when the crime crosses state lines, involves interstate commerce, or affects federal agencies or programs.

Will I go to prison if convicted?

Prison is possible, but strong defense and early intervention can reduce or avoid incarceration.

Can the government seize my property?

Yes, prosecutors often seek asset forfeiture. We fight to protect your property and challenge unlawful seizures.

Do I need a lawyer before I’m charged?

Absolutely. Early involvement by a federal defense lawyer can prevent charges, narrow investigations, or position you for a better outcome if charged.

Why Choose Combs Waterkotte for Your Federal Identity Theft Case in Missouri

Choosing the right defense attorney for a federal identity theft and fraud case can be the difference between your freedom and years, possibly decades, behind bars. At Combs Waterkotte, we combine aggressive advocacy with a strategic, client-focused approach to give you the strongest possible defense in Missouri’s federal courts.

• Client-Focused Defense: We keep you informed, answer your questions, and align our defense with your goals.
• Trial-Ready Approach: Every case is prepared as if going before a jury, creating leverage in negotiations.
• Powerful Resources: We use forensic accountants, investigators, and digital experts to dissect the government’s case.
• Decades of Federal Experience: Our team has handled complex federal cases in Missouri’s Eastern and Western Districts with proven results.