Dubin v. United States
Issues
If a criminal defendant uses someone else’s name while committing a criminal offense, can they also be charged with identity fraud?
This case asks the Supreme Court to determine whether a criminal defendant who uses someone else’s name while committing a criminal offense can also be charged with identity fraud. Petitioner David Dubin, an employee at a psychological evaluations services company, used the name of a patient on a form he filled out while committing healthcare fraud. Respondent, the United States, charged him with committing aggravated identity theft under 18 U.S.C. § 1028A(a)(1). The circuits have split over how to interpret 18 U.S.C. § 1028A(a)(1), specifically when defendants should be charged with identity fraud while committing an underlying offense. This circuit split has created tension over how broadly or narrowly the statute should be read in light of its language, the surrounding context, and congressional intent. The decision could impact the level of discretion that prosecutors enjoy when prosecuting claims under § 1028 and the extent of due process rights for criminal defendants in such cases.
Questions as Framed for the Court by the Parties
Whether a person commits aggravated identity theft any time they mention or otherwise recite someone else’s name while committing a predicate offense.
Petitioner David Dubin worked for Psychological A.R.T.S., P.C. (“PARTS”), a psychological services company that provided mental health testing services to people at emergency shelters in Texas. United States v. Dubin at 321. Williams House, an emergency youth shelter, engaged PARTS to perform testing services. Id. PARTS and Williams House agreed that PARTS would determine whether shelter residents were Medicaid-eligible.
The authors would like to thank Professor Stephen P. Garvey for his insights into this case.
Additional Resources
- Charles Doyle, What is Aggravated Identity Theft, Congressional Research Service, (Dec. 20, 2022).
- Kimberly Strawbridge Robinson, Supreme Court to Consider Narrowing the Scope of Identity Fraud, Bloomberg Law, (Nov. 10, 2022).