TDCAA Community
Fraudulent Possession of Identifying Information

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/757104003

September 27, 2004, 09:37
Gordon LeMaire
Fraudulent Possession of Identifying Information
Fact situation:

Imposter presents identifying information of another. Imposter gets caught because the information belongs (belonged?) to a deceased individual.

Question:

Is this fraudulent use under 32.51? I read it has to be without consent and with intent to harm another. Without consent is fairly (or should be) easy, the victim is dead. What about the intent to harm another, who is the other?
September 27, 2004, 10:54
JDL
At first blush I would say there are at least three potential canidates that would fit.

First, if it is a credit card or check, then the financial institution that issued the card or check would fit.

Second, the store itself.

Third, any heirs of the deceased.

All of the above has the potential to be harmed financially.
September 27, 2004, 11:45
Trey Hill
What MavsFan said.