aggravated identity theft

Flores-Figueroa v. United States

Issues

Whether the Government can convict a person for aggravated identity theft, which requires proof that he "knowingly transfer[red], possesse[d], or use[d] . . . a means of identification of another person[,]" even if he did not know that the identification he used for employment belonged to another person.

 

Ignacio Flores-Figueroa, a Mexican immigrant used a false name, social security number, and resident alien card to obtain employment. Unbeknownst to him, these documents belonged to another person. When the government discovered this, it charged him with aggravated identity theft under 18 U.S.C. § 1028A(1)(a), and he was found guilty. Flores-Figueroa contends that under the statute, he committed mere identity fraud rather than aggravated identity theft because he did not know that the identity information in fact belonged to a real person. The government argues that the statute should apply to all defendants who use another's identity information, regardless of their mens rea, or intent. The outcome of this case will impact how identity theft cases are prosecuted as well as the rights of immigrants who have used falsified identity documents.

 

    Questions as Framed for the Court by the Parties

    Whether, to prove aggravated identity theft under 18 U.S.C. § 1028A(a)(1), the Government must show that the defendant knew that the means of identification he used belonged to another person.

    Petitioner Ignacio Flores-Figueroa, an immigrant from Mexico, secured false identification documents in order to gain employment at L&M Steel Services. See Brief for Petitioner, Ignacio Flores-Figueroa at 2; Brief for Respondent, United States at 2. He used a false name, social security number and resident alien card. See 

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