Legal Cases

Thursday, 13 October 2016 07:26

United States v. Savarese: Aggravated Identity Theft

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United  States v. Savarese: Aggravated Identity Theft
In August of 2007, Dennis Savarese and James DeSimone were arrested near the Prairie Meadows Racetrack in Altoona, Iowa. When arrested, they had six stolen credit cards, each of which had a corresponding false identification with the shareholder's name but with the picture of either Savarese or DeSimone. The pair's arrest followed a long investigation that discovered a fraud operation involving over a dozen states and hundreds of stolen identities. Both were indicted with other alleged co-conspirators on charges arising from their participation in the credit card fraud scheme. After a six-day trial, Savarese was convicted; DeSimone chose to forego his Sixth Amendment rights and pled guilty. In the consolidated appeals actions, Savarese and DeSimone raise issues ranging from “the…
Kansas v. Hardesty: Does the Use of a Deceased Person's identity Constitute Identity Theft?
Kansas v. Hardesty: Does the Use of a Deceased Person's identity Constitute Identity Theft? Bradley Hardesty appealed his conviction on charges of that he violated Kansas identity theft law. When pulled over on suspicion of driving while intoxicated, he tried to use the driver's license of his deceased brother to hide his identity. The appeal involved Hardesty challenging the sufficiency of evidence on the identity theft conviction, arguing that the law applies only when a defendant possesses another person's identification documents, and reasoning that the deceased brother was not a "person." and therefore there was insufficient evidence to support the charge. The appeals court disagreed with Hardesty, finding that the Kansas legislature intended to include the identity of deceased individuals…
People v. Barden: Is Assumption of Identity a Discrete Element of Identity Theft?
The appeal of Scott Barden's case involves what elements constitute identity theft and if intangible property can be possessed criminally. The case was brought when the defendant used the credit card number of an associate to pay hotel expenses without being authorized to do so. The specific questions before the appeals court were 1) if the assumption of an identity represents a discrete element of identity theft or if it occurs automatically when one percent uses the identifying information of another, and 2) if the criminal possess of stolen property includes intangible property such as a credit card number. The dispute stems from an agreement between Scott Barden and Anthony Catalfamo, for whom Barden was working at the time. According…
UNITED STATES v. ZITRON: Aggravated Identity Theft Appeal
Harvey Zitron was convicted on two counts of aggravated identity theft, in addition to five counts of filing false tax returns, and three counts of using an unauthorized access device in connection with a company called Millennium Republic, a seller of chemical products. In 2002, while operating the company, he suggested to an employee that she take over the firm, and she agreed. Cynthia Gentner operated the firm under the names of two corporations she formed: Cyn-Lex and Granite Industries. In spite of the apparent change in ownership, she testified that she continued to take orders from Zitron. From 2002 and 2003, she deposited company checks into her personal account at the direction of Zitron. She also took cash out…
U.S. v. Taylor: Aggravated Identity Theft, Making False Statements to Federal Financial Institution
Lloyd Taylor appealed a conviction on six counts of aggravated identity theft and seven counts of making false statements to a bank in a case arising from a tax evasion scheme in which the defendant used several false identities to open accounts at banks for obtaining cashier's checks, which were then used to purchase gold. Upon discovery of the scheme, the bank made a report to federal authorities. In the 1980s, Taylor began to use the identities of children who died before receiving Social Security numbers and who would have been about his age. Evidence presented against him at trial indicated that He obtained Florida driver's licenses and voter registration cards using these stolen identities He then used the false…
U.S. v. Rafael Chikvashvili:  Health Care Fraud, Aggravated Identity Theft
Rafael Chikvashvili, 67, was convicted in federal court in Maryland on charges of health care fraud resulting in death, wire fraud conspiracy, false statements and aggravated identity theft in regard to a scheme to defraud Medicaid and Medicare of over $7.5 million. Chikvashvili was the owner of Alpha Diagnostics, a portable diagnostic services provider. He was the CEO, managing member, managing employee, and president of the firm, and while he has a PhD in mathematics, he was never a licensed physician or medical doctor. The company's clients included nursing homes with patients covered by Medicare and Medicaid and operated in several states, including Maryland, Delaware, Pennsylvania, Virginia and the District of Columbia. It was headquartered in Maryland. The jury in…
Pisciotta v. Old National Bancorp:  Dismissal of Class Action Alleging Negligence, Breach of Contract in Hacking Case
The U.S. Seventh Circuit Court of Appeals ruled in August 23, 2007, in this case involving identity exposure via data breach. The plaintiffs in the class action suit sought to recover damages for the unauthorized disclosure of their personal information through a data breach at Old National Bankcorp. Old National Bancorp (ONB) gathered customer data online, including names, addresses, Social Security numbers, driver's license numbers, birth dates, and additional financial information for use in banking services. The institution collected the information to open accounts, take loan applications, and other banking services. The bank's website was hacked in 2005, compromising this data and potentially putting customers at risk of identity theft, thus causing them to bear the expense of credit monitoring…
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