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Offense

Business Identity Theft

Fraud, Deception and Corruption Offenses

The theft and fraudulent use of a business's identifying information, such as its tax identification number, corporate registration details or officer records, to open lines of credit, obtain a loan, make purchases on the business's credit, or file a fraudulent tax return in its name, distinguished from ordinary identity theft, which targets an individual person's identity, by the scale of loss and by the distinct filing and registry systems, such as a state's corporate registration office, that offenders exploit to alter an existing business's official records. Documented methods include altering a company's registered address or listed officers with a state filing office so mail and notices are redirected to the offender, and several U.S. state government offices now publish specific guidance for businesses on monitoring their own registration filings for this reason, since the fraud is often not discovered until a lender or vendor contacts the business about an account it never opened.

Facts
Elements of Offense
Imitation of a business itself through the theft or misuse of key business information or the falsification of business filings and records 1
Jurisdiction Variation
Florida treats filing a fraudulent document on the records of the Department of State as a third degree felony under section 817.155, Florida Statutes 2
Classification
Offense Grade
Minor or Summary Offense 1
Sources
1. Texas Secretary of State, Business Identity Theft
Definition paragraph
Quote, Definition paragraph
It can occur through the theft or misuse of key business information, or falsification of business filings and records
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2. Florida Department of State, Duties and Records
Criminal Statute and Penalty
Quote, Criminal Statute and Penalty
It is a third degree felony for a party to file a fraudulent document on the records of the Florida Department of State.
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