Identity Theft in the Federal Courts in Florida

Florida is the third-leading state in the nation when it comes to the crime of identity theft. According to The Federal Trade Commission, Florida had 524 cases of identity theft committed in 2023, trailing only Maryland (534 cases) and Louisiana (574 cases) as the most prolific states for the commission of this crime.

If you need an attorney who is a specialist in the area of Federal Criminal Defense concerning this area of charged conduct, Michael B. Cohen is the expert you need to handle these matters. This reason is simple. Mr. Cohen’s vast experience in the area of Federal Criminal Defense. He is a former Assistant United States Attorney and has practiced in the area of state as well as federal criminal defense for over 47 years.

If you need help in a case and if you have been charged with a federal crime, Mr. Cohen is the Federal Criminal Defense Attorney and Federal Criminal Defense Lawyer you need to resolve your identity theft case or other federal criminal charges.

Over the last approximately twenty years, Mr. Cohen has handled over 526 cases in the Southern District of Florida alone, predominantly in the area of federal criminal defense. Although these cases concerned federal criminal charges, many of the federal matters Mr. Cohen has handled over the years in the Southern District of Florida include post-conviction relief matters (which, although classified as federal civil cases, are for all intents and purposes related to the criminal case from which they originated.)

Mr. Cohen has also appeared as counsel of record for federal civil cases like those concerning International Child stealing cases (Hague Convention matters) in the Southern District of Florida, as well as federal civil tax and other federal civil litigated matters in the Southern District of Florida as well.

Not only has Mr. Cohen litigated heavily in the area of federal criminal defense and federal civil litigation here in Southern Florida, but he has also handled many of these same serious federal criminal defense matters in many other federal districts throughout the country, including the Southern District of New York (which includes New York City and its suburbs), The Western District of New York, the Northern District of New York and Eastern District of New York (which includes Brooklyn, Queens, and Long Island, New York), and the District of Vermont, as well as handling many other federal criminal defense matters in other districts of the country concerning federal compassionate release cases, post-conviction relief matters, and appeals to the federal court of appeals in the Second Circuit (which includes New York, Connecticut, and Vermont), as well as the Eleventh Circuit Court of Appeals, which includes Florida, Georgia, and Alabama.

In United States v Meikle, case number 20-CR-60036-RKA, Mr. Cohen represented a defendant who was charged with Computer Fraud in violation of Title 18 USC section 1030(a)(2) and Aggravated Identity Theft in violation of 18 USC section 1028(a)(1).

The facts alleged that Mr. Meikle, posing as the holder of certain credit cards and financial accounts, had contacted a financial company in St. Petersburg, Florida, from Ft. Lauderdale, seeking to have the company transfer the victim’s funds to his own checking account using the pin information secretly obtained from the victim.
Mr. Meikle was ultimately charged with trying to obtain in excess of $5000.00 of the victim’s funds, resulting in the two criminal charges brought by the government in its indictment.

In analyzing these identity theft charges, a skilled practitioner must first recognize that aggravated identity theft is a charge that requires a two-year consecutive sentence following any other count of charged criminal conduct. It is of critical importance, therefore, to first determine whether the case is defensible from a trial standpoint. If not, then with the defendant’s consent, it is important to try to obtain a sentence that is below the federal sentencing guidelines requirements for the other charged count to minimize a defendant’s overall sentencing liability.

That was the exact strategy employed in this case. After the defendant agreed that he did not have a suitable case for a successful trial outcome, Mr. Cohen was able to obtain a limited 10-month sentence for the computer fraud count, thus minimizing Mr. Meikle’s overall sentencing liability as a result of the additional aggravated identity theft charge.

In accomplishing this result, it is important to prepare and file the appropriate motion for a downward variance from the sentencing guidelines (sentencing strategy), which will be the subject of another article in the future concerning federal sentencing issues.

If you have been charged with a federal crime like identity theft or, for that matter, any other federal criminal charges, including post-conviction and appeal matters, we can help you. Call the Law Offices of Michael B. Cohen at (954) 928-0059 or contact Mr. Cohen at attorney@soutflalaw.com.

Mr. Cohen is an expert in the areas of federal criminal trial matters. He is a board-certified criminal trial lawyer.