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Identity Theft

Identity theft refers to an act of fraud that involves stealing money or getting some other benefit by pretending to be someone else. According to the Minnesota identity theft statutes, a person who transfers, possesses, or uses an identity that is not the person's own, with the intent to commit, aid, or abet any unlawful activity is guilty of identity theft. The maximum penalty associated with a particular case of identity theft is directly related to the amount of financial gain realized by the defendant. In addition to fines and penalties, restitution must be made to the victim of the identity theft.

Penalties for Identity Theft in Minnesota

The penalties for identity theft range from a misdemeanor to a 20-year felony. The offense level correlates with the amount of loss incurred, the number of direct victims involved, or the related offense. Loss is defined as the value obtained and the expenses incurred as a result of the crime. Penalties for financial crimes are readily distinguishable by the monetary loss thresholds. For example, if the amount of loss is $250 or less, the maximum penalty is a misdemeanor. If the amount of loss is more than $35,000, the maximum penalty is a 20-year felony. Non-financial crimes that result in zero loss and involve only one victim default to the misdemeanor penalty. If a crime involves more than one victim, the penalty is raised to a felony. All personal property is subject to forfeiture if it was used or intended for use to commit or facilitate the commission of a designated offense. All money and other property, real or personal, which represent proceeds of a designated offense, are subject to forfeiture. The property may be seized immediately without process if certain provisions are met. All right, title, and interest in the property vests in the appropriate agency upon commission of the act giving rise to forfeiture.

You should act promptly if you’ve been arrested or charged with identity theft in Minnesota. The earlier you involve an attorney, the sooner we can gather evidence, interview witnesses and address the other critical issues in your case. Call our law firm now for a free consultation: (218) 736-5456.

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NEWS:

Svingen, Karkela, Cline, Haugrud, Hunt, Larson & Jensen, PLLP is pleased to announce the addition of Jamison W. Cichosz as a partner, effective April 1, 2009. Mr. Cichosz will practice in the areas of criminal law, family law, workers’ compensation and general litigation.

Jamison W. Cichosz graduated Magna Cum Laude from the University of St. Thomas in 1999 with degrees in both Business Administration and Spanish.  He then went on to graduate from the University of North Dakota School of Law in 2002 after which he moved to the Fergus Falls area.  Mr. Cichosz has been practicing in the areas of criminal law, family law and general litigation since being licensed.  

Mr. Cichosz has become active in the community since moving to Fergus Falls.  He is a two-time past commander at VFW Post 612 in Fergus Falls.  He has taught criminal law and criminal procedure at Minnesota State Community and Technical College in Fergus Falls.  He was the City Prosecutor between 2002 and 2007 and is currently a member of the Fergus Falls City Council.  For enjoyment, Mr. Cichosz coaches youth football and spends time with his family.


Sheila Harms was a featured speaker for the Career Day on April 3, 2009 hosted by the Pelican Rapids Chapter of Rotary.


J.J. Cline, Allen Haugrud, and Paul Hunt served as attorney coaches in the 2009 Minnesota High School Mock Trial Competition.  The Minnesota State Bar Association will recognize the more than 500 mock trial volunteers in the May/June issue of Bench & Bar.


Greg Larson has been selected for inclusion on the 2008 Minnesota Rising Stars list, featuring the top young lawyers in the state. Rising Stars is published in a special advertising section of the December 2007 issues of Minnesota Law & Politics, Twin Cities Business and Mpls/St. Paul Magazine. The list of Rising Stars also appears on the web at superlawyers.com.

 
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