Flores-Figueroa v. United States | |
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Argued February 25, 2009 Decided May 4, 2009 | |
Full case name | Ignacio Carlos Flores-Figueroa, Petitioner v. United States |
Docket no. | 08-108 |
Citations | 556 U.S. 646 ( more ) 129 S. Ct. 1886; 173 L. Ed. 2d 853; 2009 U.S. LEXIS 3305 |
Case history | |
Prior | Defendant convicted (S.D. Iowa 2008); affirmed, 274 F. App'x 501 (8th Cir. 2008); cert. granted, 555 U.S. 969(2008). |
Holding | |
The "knowingly" requirement for the federal crime of aggravated identify theft requires that the defendant knew that the false identification he used actually belonged to another person. | |
Court membership | |
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Case opinions | |
Majority | Breyer, joined by Roberts, Stevens, Kennedy, Souter, Ginsburg |
Concurrence | Scalia (in judgment), joined by Thomas |
Concurrence | Alito (in judgment) |
Laws applied | |
Part of a series on |
Chicanos and Mexican Americans |
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Flores-Figueroa v. United States, 556 U.S. 646 (2009), was a decision by the Supreme Court of the United States, holding that the law enhancing the sentence for identity theft requires proof that an individual knew that the identity card or number he had used belonged to another, actual person. [1] Simply using a Social Security Number is not sufficient connection to another individual.
Ignacio Flores-Figueroa, an illegal alien from Mexico, used a counterfeit Social Security card bearing his real name and a false Social Security number to obtain employment at a steel plant in East Moline, Illinois. Though he did not know it, the number belonged to a real person, a minor. The question in the case was whether workers who use false Social Security and alien registration numbers must know that they belong to a real person to be subject to a two-year sentence extension for "aggravated identity theft."
Specifically, the case hinged on whether the adverb "knowingly" applies only to the verb or also to the object in 18 U.S.C. § 1028A(a)(1) (which defines aggravated identity theft): "Whoever [...] knowingly transfers, possesses, or uses, without lawful authority, a means of identification of another person [...]". [2] [3]
In a unanimous decision delivered by Justice Breyer on May 4, 2009, the Court held that a prosecutor must be able to show that a defendant knew that the identification he used actually belonged to another person.
An assault is the act of inflicting physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Generally, the common law definition is the same in criminal and tort law.
Theft is the taking of another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word theft is also used as a synonym or informal shorthand term for some crimes against property, such as larceny, robbery, embezzlement, extortion, blackmail, or receiving stolen property. In some jurisdictions, theft is considered to be synonymous with larceny, while in others, theft is defined more narrowly. Someone who carries out an act of theft may be described as a thief.
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Bank fraud is the use of potentially illegal means to obtain money, assets, or other property owned or held by a financial institution, or to obtain money from depositors by fraudulently posing as a bank or other financial institution. In many instances, bank fraud is a criminal offence. While the specific elements of particular banking fraud laws vary depending on jurisdictions, the term bank fraud applies to actions that employ a scheme or artifice, as opposed to bank robbery or theft. For this reason, bank fraud is sometimes considered a white-collar crime.
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Capital punishment is a legal penalty in the U.S. state of Idaho.
The Postville raid was a raid at the Agriprocessors, Inc. kosher slaughterhouse and meat packing plant in Postville, Iowa, on May 12, 2008, executed by the U.S. Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security together with other agencies.
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly, Iqbal raised the threshold which plaintiffs needed to meet. Further, the Court held that government officials are not liable for the actions of their subordinates without evidence that they ordered the allegedly discriminatory activity. At issue was whether current and former federal officials, including FBI Director Robert Mueller and former United States Attorney General John Ashcroft, were entitled to qualified immunity against an allegation that they knew of or condoned racial and religious discrimination against Muslim men detained after the September 11 attacks. The decision also "transformed civil litigation in the federal courts" by making it much easier for courts to dismiss individuals' suits.
Cyber crime, or computer crime, refers to any crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Netcrime refers, more precisely, to criminal exploitation of the Internet. Issues surrounding this type of crime have become high-profile, particularly those surrounding hacking, copyright infringement, identity theft, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.
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United States of America v. Clark is the name of a lawsuit against Jason Elliott Clark by the U.S. government based on identity theft, bank fraud and conspiracy. This was an appeal from the United States District Court for the District of Minnesota. Clark appealed his conviction for aggravated identity theft based on the sufficiency of the evidence and the court's admission of certain prior acts of evidence.
Kansas v. Garcia, 589 U.S. ___ (2020), was a case of the United States Supreme Court that was decided, by a 5–4 majority, in 2020. The case concerned whether it was lawful for a State to enforce laws criminalizing the making of fraudulent representations by aliens who were not authorized to work in connection with obtaining a job; the Court held that it was.