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Two Atlanta men face identity theft and fraud charges

Identity theft and fraud are committed in a variety of ways, and often times those accused of such crimes are unaware of the consequences certain actions have that might fall under an identity theft charge. Maybe a person is wrongfully accused, there is a misunderstanding, arrests were made on false evidence, or the person was unaware of what they were involved in ... in any case, if someone faces an identity theft or fraud charge, they need to fight that charge in court if they hope to avoid serious penalties.

Two Georgia men in their thirties now face charges of both identity theft and financial transaction fraud. According to police, the two men obtained information by some nondescript method involving computers. No specific evidence has been cited yet, and the investigation is ongoing.

Identity theft, in simple terms, is the misuse of another person's personal information. Usually, someone misuses another person's personal information for personal gain -- but sometimes, a person may do so unwittingly. Fraud, similarly, is a crime committed for personal gain, but in this case by deception of a person or entity. The perpetrator of fraud convinces another party of something the perpetrator knows to be false in order to gain something of value.

In both cases, every element of the crime must be proven in court for the accused to be convicted. If the defendant can show that they were unwittingly involved in the activity, or they had no intent to commit the supposed crime, then the defendant has a chance to reduce or dismiss the charges. A legal professional versed in these kinds of charges can help a defendant choose a course of action best suited for each situation.

Source: Access North GA, "Jackson County authorities bust two Atlanta men," Derreck Booth, Oct. 29, 2013

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Nick Lotito & Seth Kirschenbaum

Former Federal Prosecutors

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