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Identity Theft vs. Criminal Possession of a Financial Device Lawyer

| Mar 23, 2018 | Identity Theft |

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Identity Theft and Criminal Possession of a Financial Device: Two Very Similar Crimes in Denver

While it is true these crimes can be different, parts of Identity Theft and Criminal Possession of a Financial Device are nearly identical in Denver courts.  Let’s take a look at each crime and then focus in on the clear similarities.

Identity Theft in Douglas County Courts

Defined at C.R.S. 18-5-902, Douglas County, Colorado Identity Theft happens when someone:

1) knowingly possesses or uses the personal identifying information, financial identifying information, or FINANCIAL DEVICE of another without permission or lawful authority with the intent to obtain (or assist another in obtaining) cash, credit, property, services, or any other thing of value or to make a financial payment; or to aid another in doing the same;or

2) with the intent to defraud, falsely makes, completes, alters, or utters a written instrument or financial device containing any personal identifying information or financial identifying information of another;or

3) knowingly possesses the personal identifying information or financial identifying information of another without permission or lawful authority a) to use in applying for or completing an application for a financial device or other extension of credit; or b) with the intent to obtain a government-issued document.

Read Identity Theft Court Ruling.

Criminal Possession of a Financial Device Definition in Jefferson County, Colorado

In Jefferson County, “a person commits criminal posession of a financial device if the person has in his or her possession or under his or her control any financial device that the person knows, or reasonably should know, to be lost, stolen or delivered under mistatke as to the identity or address of the account holder.”

Similarity of Identity Theft and Criminal Possession of a Financial Device in Araphaoe County

Look at these definitions carefully: in Identity Theft, the possession of a financial device is only a crime if you also intend to use it to get something for yourself.  In Criminal Possession, you commit the crime by simply having the credit card.

Examples of Criminal Possession of a Financial Device in Adams County

This may sound crazy, but it is the law in Adams County that if you simply possess a credit card of someone else, you have committed a crime. As an example, a prior home owner moves away and is later sent a credit card. When you open your mail box, you have committed a crime.  Or, if you find a credit card on the ground, and pick it up to get it returned to the owner, you’ve committed a crime.

Be careful to never keep a credit card or other financial information of another.  Bad police are out there and will charge you.  Let us be there to guide you through the process.  Together, we can protect your future.