Identify Theft And Fraud | Wisconsin Fraud Defense
Fighting Charges Of Identity Theft In Wisconsin If you or someone you know has been charged with identity theft, you need the advice of a criminal defense attorney right away. Identity theft is considered a form a fraud and is a felony in Wisconsin. Penalties include prison or jail time, fines, restitution, and probation. Fighting charges of fraud is possible with the right approach and with help from Eisenberg Law Offices. Defining Fraud Fraud is defined as knowingly misrepresenting the truth or concealing an actual fact for the purpose of inducing another person to act to his or her detriment. Fraud, in and of itself, is not a crime in Wisconsin, because it is possible to deceive people, or lie to them, without criminal intent. What is a crime is the action undertaken after the person has been deceived. The deceived must also have suffered a loss of some kind. In cases of identity theft, the conduct may be the embezzlement of money or representing yourself as someone else in order to obtain something of value.
Defenses Against Fraud ChargesIf you are under investigation for fraud there are a few defenses that can be successful.
- Non-Fraudulent Statements. The fraudulent statement must be connected to an actual act. Lies alone do not constitute fraud. If an act was not undertaken in connection to the statement, fraud charges may not stick.
- Absence Of Intent To Commit A Crime. To be convicted of fraud, the prosecution must prove that there was the intent to deceive. If, for example, you can prove that you used someone else’s information or credit card by accident or with permission, then there was no intent.
- The entrapment defense is used when government agents have compelled someone to commit a crime that they wouldn’t have otherwise done. Entrapment is a complicated defense that doesn’t apply in every case.