Recently, Medina County officials in West Texas announced they had indicted 28 people in what they described as a large-scale fraud ring.
According to officials, the defendants used credit card numbers, debit card numbers, Social Security numbers and other identifying information in various types of fraud, including forged checks. Authorities said the investigation into the fraud ring grew out of an earlier investigation into drug trafficking. In that investigation, more than a year ago, police officers found suspects in possession of bank statements and other financial information that appeared to have been stolen.
Investigators now believe the 28 defendants had identifying information for 5,000 or more people. The defendants now face multiple charges, including various fraud charges.
Texas law
In most criminal fraud cases, prosecutors must prove that the defendant deceived a person, that they intended to trick the person out of something (most commonly, money) and that the person was deprived of something or could have been deprived of something because of the deception.
But it’s important to note that under Texas law, merely possessing identifying information can be incriminating. If a defendant is found in possession of identifying information of more than three people, this can be used as evidence to show they intended to use the information for fraudulent purposes. This would satisfy one of the elements needed to prove a fraud charge.
In this context, identifying information may include names, birthdates, Social Security numbers, addresses, bank routing numbers, biometric data (such as fingerprints) and other information that is used for identification purposes.
The penalties in these cases depend on factors including the number of people defrauded, but most such cases are treated as felonies, meaning that they carry a sentence of at least a year in prison.
These are difficult cases, but everyone accused of a crime deserves the right to a defense.