Category: Federal Crimes · Statute: 18 U.S.C. § 1028A · Source: Florida Legislature
Understanding Federal Identity Theft in Florida
In Florida, Federal Identity Theft primarily falls under the jurisdiction of federal prosecutors when the offense crosses state lines, utilizes the internet or mail, or occurs in connection with other federal crimes. Governed by federal statutes such as 18 U.S.C. § 1028 and § 1028A, this offense involves knowingly transferring, possessing, or using another person's means of identification without lawful authority. In Florida's major metropolitan areas and retirement communities, this often manifests as large-scale mail fraud, tax refund fraud, or medical identity theft targeting federal programs like Medicare.
What elevates this offense to a critical level is the charge of Aggravated Identity Theft. Under federal law, if an individual uses a stolen identity to commit specific predicate felonies—such as bank fraud, wire fraud, or immigration violations—they face a mandatory, consecutive two-year prison sentence. This two-year penalty cannot run concurrently with the sentence for the underlying crime, and federal judges are statutorily barred from granting probation for this charge, making the defense of these cases exceptionally high-stakes in Florida's federal district courts.
Federal Identity Theft and the Pretrial Release Process
Because Federal Identity Theft is prosecuted in federal district courts rather than Florida state courts, the traditional state cash or surety bail bond system does not apply. Instead, pretrial release is governed by the federal Bail Reform Act. Defendants must appear before a federal magistrate judge for a detention hearing. To secure release, defendants typically must obtain a signature bond, often secured by real property or co-signers, and agree to strict federal pretrial supervision, which frequently includes electronic location monitoring and travel restrictions within Florida's judicial districts.