Wednesday, April 6th, 2016

Second Circuit Updates – April 6, 2016

In a summary order, the Court declined to reach as plain error whether Aggravated Identity Theft, under 18 U.S.C. § 1028(c)(5), requires the government to prove that the individuals did not consent to the unlawful use of their identities. The majority of circuits to consider the issue have rejected the argument. It is an open question in the Second Circuit.

-Philip Weinstein


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