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Identity Theft

Identity theft is the unlawful use of a person’s personal identification information. Identity thieves steal information such as your name, social security number, driver's license information, or bank and credit card accounts and use the information to establish credit, make purchases, apply for loans or even seek employment.

Consumers are usually aware of when they become victims of identity theft. Knowledge in many instances can come from viewing a credit report, attempting a loan transaction, or even an odd communication from an individual or lender indicating the wrong person.

One way of formally starting an investigation as to identity theft for a victim is to obtain an Identity Theft Victim Kit from the Federal Trade Commission. This is a forum that provides victims with specific instructions for filing a police report and a start to clearing their names. In New York, another way to attack Identity Theft is to read the tips from the New York Division of Consumer Protection.

Our New York City identity theft lawyers have handled certain cases by individuals who have been victimized by identity theft. Identity theft perpetrators can come in the form of family members, or other persons with access to the victim’s personal information, either social security number, driver's license number, date of birth, or asset information. Armed with such sensitive information, an unscrupulous identity thief can open up credit card accounts, mortgages, utility accounts, steal money, or other assets from an unknowing individual.

While identity theft is a crime in New York, such conduct can lead to money damages and/or an injunction against the offender. Of course, with these cases, it is crucial to determine initially that the victim can even find the offender. Even the worst identity theft can go unpunished if the perpetrator leaves the country or otherwise “disappears.” Once found and exposed however, it is likely that the identity thief will capitulate with the demands of the victim under the threat of facing additional monetary and/or criminal penalties.

From a criminal perspective, our New York City identity theft attorneys have provided links below to the sections of the New York Penal Law §190 that cover the more egregious forms of identity theft.

190.00Issuing a bad check; definitions of terms.N/A
190.05Issuing a bad check.B MISD
190.10Issuing a bad check; presumptions.N/A
190.15Issuing a bad check; defenses.N/A
190.20False advertising.A MISD
190.23False personation.B MISD
190.25Criminal impersonation in the second degree.A MISD
190.26Criminal impersonation in the first degree.E FELONY
190.27Criminal sale of a police uniform.A MISD
190.30Unlawfully concealing a will.E FELONY
190.35Misconduct by corporate official.B MISD
190.40Criminal usury in the second degree.E FELONY
190.42Criminal usury in the first degree.C FELONY
190.45Possession of usurious loan records.A MISD
190.50Unlawful collection practices.B MISD
190.55Making a false statement of credit terms.A MISD
190.60Scheme to defraud in the second degree.A MISD
190.65Scheme to defraud in the first degree.E FELONY
190.70Scheme to defraud the state by unlawfully selling prescriptions.A MISD
190.72Unauthorized radio transmission.A MISD
190.75Criminal use of an access device in the second degree.A MISD
190.76Criminal use of an access device in the first degree.E FELONY
190.77Offenses involving theft of identity; definitions.N/A
190.78Identity theft in the third degree.A MISD
190.79Identity theft in the second degree.E FELONY
190.80Identity theft in the first degree.D FELONY
190.80-aAggravated identity theft.D FELONY
190.81Unlawful possession of personal identification information in the third degree.A MISD
190.82Unlawful possession of personal identification information in the second degree.E FELONY
190.83Unlawful possession of personal identification information in the first degree.D FELONY
190.85Unlawful possession of a skimmer device in the second degree.A MISD
190.86Unlawful possession of a skimmer device in the first degree.E FELONY
190.87Immigrant assistant services fraud in the second degree.A MISD
190.89Immigrant assistance services fraud in the first degree.E FELONY
Client Reviews
I highly recommend this law firm. Attorneys Unger and Benjamin battled a real estate scammer who defrauded me out of substantial money. They were able to get a good result for me after the defendants put up numerous obstacles and delays over 18 months. And they were honest with me regarding their upfront and contingency fees. Definitely hire this firm if you are a victim of fraud or breach of contract. Rebekah W.
Over the years I have had dealings with many of attorneys and I can honestly say that Mr. Benjamin is the best lawyer I have ever worked with. He's conscientious, and takes care of your case as if his own interests were at stake. He's professional, always answered my calls and takes the time to discuss the best course to take. Everything was done timely and efficiently. I couldn't be happier with the result. I wish they were all like him. The best decision I made was to use him for all my legal needs. Nancy O.
Attorney Benjamin is an excellent attorney. He battled a finance company for me for nine years, defeating multiple motions that were thrown at him over the years. He is an honest, compassionate and trustworthy attorney, and was an aggressive advocate for me for a long time. After so many years, he finally got a great result in August, 2015 after defeating still another motion by the lender. I highly recommend Attorney Benjamin. Daniel O.
We hired this Firm on July 20, 2018 to sue a company for fraud. While the case took longer than we wanted, the lawyers battled for 1 year with this nationwide real estate company to expose the scam they inflicted on us. In order to get to settlement, our lawyer Jeffrey Benjamin cut the Firm's fee in order that we could put more money in our pocket and settle. The lawyers here are honest and bent over backwards to make us happy and settle, and not drag out the case for years. We are so happy we went with this Firm. Thank you. K.J.