Fraud is a major crime that can have long-term repercussions if you are charged and found guilty. In Illinois, the law prohibits many different types of fraud, ranging from identity theft to insurance fraud. Understanding what constitutes fraud in our state is important for anyone who may face legal consequences due to their involvement with fraudulent activities. Here’s what you need to know about some of the most common types of fraud in Illinois… and others you may not know about.

Identity Theft and Deceptive Practices

Under Article 17, Subdivision 10 of the Criminal Code of 2012, identity theft occurs when someone uses another person’s personal information without their permission or knowledge for unlawful or fraudulent purposes. This type of fraud can include using another person’s name or Social Security number to open credit accounts or even stealing someone else’s mail. A conviction for identity theft can result in up to three years imprisonment and a fine of up to $25,000.

Computer Fraud

Computer fraud occurs when someone illegally accesses a computer or network with the intent to commit fraud or theft. You could be accused of stealing personal information, manipulating data or programs, altering or deleting files, or using any other means to unlawfully gain access to a system. Other ways of committing computer fraud may include using deception or false pretenses in order to gain control over another person’s account or system.

Forgery and Financial Institution Fraud

Under Article 17, Subdivision 20, it is illegal for individuals to forge checks or other documents with the intent to defraud someone else out of money or property. Additionally, this subdivision prohibits any form of financial institution fraud such as forging checks or using counterfeit credit cards. Conviction on these charges can result in one year imprisonment and fines up to $2,000.

Fraud on a Governmental Entity

It is also against the law for anyone to commit any type of fraudulent act against a government entity using a computer system. This includes using false pretenses, misrepresentation, and deception in order to obtain funds from the government entity. It may also include using stolen passwords or accessing protected information without authorization. Anyone who commits this type of crime can face serious criminal penalties and may even be liable for civil damages if their actions resulted in losses for the governmental entity involved.

Counterfeiting Currency

Article 17 subdivision 25 states that counterfeiting currency is prohibited and is considered a felony offense punishable by three years imprisonment and fines up to $25,000 for each offense committed. Counterfeiting currency includes reproducing fake coins and bills that are made with the intention to deceive someone else into believing they are real United States currency notes or coins issued by the government.

Insurance Fraud

Article 17, Subdivision 15 of the Criminal Code prohibits any form of insurance fraud. What exactly is insurance fraud? Generally speaking, it includes filing false claims or making false statements regarding a claim in order to reap financial benefits from an insurance provider. If convicted of insurance fraud, you face up to five years in prison and a fine of up to $25,000. It’s important for individuals charged with any type of fraud understand their rights under state law so they can make informed decisions about how best defend themselves against these charges legally. If you have been charged with any kind of fraud in Illinois it’s important you seek experienced legal counsel as soon as possible so you can get the best advice regarding your situation before taking further action.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Identity theft is a problem in the modern world. People across the globe enter personal information and use credit and debit cards online. It’s no wonder that identity theft has skyrocketed over the course of the last several decades.

Illinois, in particular, seems to be a place where many people report identity theft. The people who try to steal others’ identities often target the very old or very young because they are the most vulnerable. Other members of the community, such as members of the military, are at risk too.

Here’s what you need to know about identity theft law in Illinois, including what constitutes identity theft, what penalties can be expected by those found guilty of it, and common defenses if you ever find yourself accused of it.

What Is Identity Theft in Illinois?

Identity theft is defined under Illinois law as when someone uses a form of identification of another person to obtain goods, services, money, or credit. A person also commits identity theft if they obtain information about the identity of another person and transfer or sell that information to another party.

The types of personal information often involved in identity theft include:

• Name
• Address
• Social Security number
• Date of birth
• Credit card or bank account information
• Driver’s license number
• Personal Identification Numbers
• Passwords
• Electronic signatures
• Fingerprints

The Penalties for Identity Theft in Illinois

Punishment depends on the value of the things that were taken as a result of the theft such as money, goods, services, property, or credit. This amount then determines the class of the crime as well as the subsequent penalties.

Class Four Felony

This is charged if the value is less than $300 for the offense. It is punishable by up to four years in prison.

Class Three Felony

For values between $300 and $2,000, you can spend up to five years in prison for this level of offense.

Class Two Felony

This is charged when the value is between $2,000 and $10,000. It is punishable by up to seven years in prison.

Class One Felony

Value between $10,000 and $100,000 can send you to prison for up to 15 years.

Class X Felony

Specific to the state of Illinois, values over $100,000 are a Class X felony, which can send you to prison for up to 30 years.

Defenses to Identity Theft in Illinois

There are several different defenses for those accused of identity theft. Which one is right for you if you are accused depends on the specifics of your particular case. In general, these are the types of defenses used in identity theft cases:

You Were Falsely Accused

If you didn’t commit identity theft, then this is the right defense to use. For example, if you unwittingly get someone else’s personal information because you received their mail, you may find yourself falsely accused.

You Were Authorized

If you were given consent to use the information you did, then it’s not identity theft. Giving permission to another person to use your identity means they cannot be charged with identity theft. Permission can be used as a sort of legal shield to accusations if you can show you did have permission.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

As the sheer volume of online holiday purchases continues to soar, it only makes sense that the holiday season doesn’t just mean an increase in retail theft anymore, but in identity theft as well.

In turn, Illinois law enforcement is on high alert for acts of identity theft from now through the end of the year.

Identity Theft and the Holidays in Illinois

One woman in Illinois currently faces multiple charges of identity theft after attempting to defraud Hertz Rental. She used another person’s credit card and a forged piece of ID.

The fake driver’s license was modified to contain identification matching the victim’s credit card, but the photo on the ID was replaced with the offender’s image.

This is only one method Illinois police are hawk-eyeing this season. They are on to card readers scams and are no longer limiting their search to gas stations. Law enforcement is also looking at retail outlets where patrons often swipe or tap their cards.

They are even hip to various covert camera set-up operations that appear to be security cameras. They know these cams can actually set up to obtain personal information.

Since shoppers are out and about and constantly swiping, tapping and withdrawing, the chance for thieves to obtain information is a lot higher, and Illinois police are matching that with increased vigilance.

Illinois Cyber Attacks and Identity Theft

Apart from retail identity theft scenarios, Illinois law enforcement continues to evolve their digital identity theft training, as well. Two of the most common methods used by identity thieves are social engineering and phishing.

Social Engineering

Social engineering relies on human interaction. The thief typically tricks the victim and obtain personal information as a result of this trickery.

For example, the thief may send a text message to someone with a link. Once this link is clicked, the thief gains access into the victim’s phone and may be able to obtain personal information stored there.

Phishing for Information

Phishing is similar to social engineering but usually takes place through an email link onto a website. The email sent by thieves will often seem authentic to the user.

For example, the email may appear to be from a financial institution and then proceed to ask for banking information.

Both of these forms of cyberattacks are especially prevalent during the holiday season and Illinois police are urging citizens to critically assess texts and emails to avoid being scammed.

Police Crackdowns Lead to IL Charges and Penalties

Due to the high rate of identity theft over the holiday seasons, police agencies in Illinois crackdown against the crime this time of year. If an individual accused of identity theft, they may be subject to severe penalties.

Identity theft is considered a type of fraud. However, identity theft differs from many other fraud charges because the range of penalties is so severe.

Those accused of identity theft can be charged with anything from Class A misdemeanors all the way to Class X felonies. That’s a range of less than one year to three decades of imprisonment. Penalties are dictated by the amount stolen as well as the presence of any aggravating factors.

This Christmas season, be aware that identity theft is occurring at a high-rate and that police are aware of this. Understand that if you intend to commit identity theft in Illinois, chances are you’ll be caught and charged.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

While they usually do not involve violence or serious bodily injury, white collar crimes are taken very seriously in Illinois and will often result in felony charges for the alleged offender.

Below we have briefly defined a few common white collar crimes that we see in Illinois, and the charges you may face for committing them. For more information on the penalties for different levels of felony charges, click here.

Theft: Any act of obtaining goods or services from someone else without their authorization is considered theft. Theft is a broad term, and can include acts like shoplifting (retail theft), robbery, burglary, and so on. Theft of just $300 is considered a felony in Illinois, and like many of the offenses we will describe below, the more goods or property you steal, the more serious your charge will be.

Identity Theft: This is a buzzworthy crime these days because of how easy it can be for someone to get ahold of your personal information. Identity theft is the unauthorized use of that information (name, address, social security number, license number, and so on) with the intention of fraudulently gaining goods and services, or to commit another felony.

Identity theft can be a precursor to a long list of white collar crimes, so its penalties have a wide range and primarily depend on different aggravating factors and the value of the goods that were obtained through the identity theft. The most “minor” identity theft (involving money or property valued at less than $300) is charged as a class 4 felony.

That’s right. You can face felony charges for taking less than $300 worth of property through identity theft.

If the property involved is valued between $300 and $10,000, it’s a class 3 felony – and the charges just go up from there. It only takes $100,000 worth of property or goods stolen through identity theft to elicit class X felony charges.

Credit Card Fraud: While you can be charged with fraud for unauthorized action with the intention of gaining goods and services, the most common form of fraud is credit card fraud. There are many ways use a credit card to commit fraud or identity theft. The most common method is using a stolen card to make unauthorized purchases. However, credit card theft can become more complicated (and involve far higher amounts) if more than one person is involved, such as in a large credit card fraud ring.

Committing credit card fraud can get you charged with a few different crimes, each with their own penalties:

• Use of a counterfeit, forged, expired, or unissued credit/debit card to gain at least $300 in a six-month period – Class 3 felony
• Use of a credit/debit card with intent to defraud – Class A misdemeanor
• Other forms of credit card fraud – Class 4 felony

Other types of fraud in Illinois include ATM fraud, wire or mail fraud, insurance fraud, and healthcare fraud.

Forgery: Forgery is changing or creating any document with the intention of defrauding another. This could range from signing a check under someone else’s name to using someone else’s PIN code.

Forgery of an academic degree or coin is a class A misdemeanor, and forgery that involves only one UPC label is a class 4 felony, but all other charges of forgery are class 3 felonies in Illinois.

Embezzlement: Embezzlement is an especially serious crime because it involves a person in a position of trust. It is the act of unlawfully obtaining goods or assets through the position of trust. For example, a fire chief steals money from the fire department for personal gain, or a school administrator exploits the district’s funds.

If you are charged with embezzling less than $500 worth of money or property and it is your first theft-related charge, you will be hit with a fine of $2,500 and may face up to one year in prison. If you have been convicted on theft-related charges before, you will be faced with Class 4 felony charges.

Embezzlement also depends on the money and property stolen: between $500 and $10,000 is a class 4 felony; $10,000-$100,000 is a class 3 felony; $100,000-$500,000 is a class 2 felony; $500,000-$1,000,000 is a class 1 felony; and embezzling more than $1,000,000 is a class X felony.

Bribery: Bribery is intending to influence the decisions or actions of public employees, judges, jurors, or witnesses through the promise of goods that the recipient cannot accept. Bribery is a class 2 felony in Illinois.

As you can see, it doesn’t take too much for a white collar crime to be considered a felony. And since many of these crimes are similar, you are more likely to face counts of not just one white collar crime, but two, three, or more. If you have been accused of any white collar crime, get in contact with an Illinois criminal defense lawyer today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.