The United States Law Week

Consent to Apply for Policy Doesn’t Stop Identity Theft Verdict

Feb. 13, 2020, 8:22 PM

An insurance agent committed identity theft when she applied for a policy on her cousin’s behalf, even though her cousin asked her to do so, the Ninth Circuit said in a circuit-splitting decision.

Under federal law, a person commits aggravated identity theft when she knowingly “uses, without lawful authority, a means of identification of another person.”

Karen Gagarin was a co-conspirator in a scheme that defrauded her employer, American Income Life Insurance Company, out of millions of dollars.

When her cousin, Melissa Gilroy, asked Gagarin to help get her a policy, Gagarin used Gilroy’s information as part of the scheme....

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