US Supreme Court Narrows Scope of Identity Theft Law (1)

June 8, 2023, 2:20 PM UTCUpdated: June 8, 2023, 3:38 PM UTC

The US Supreme Court limited when prosecutors can charge criminal defendants with identity theft alongside other crimes.

In a unanimous decision Thursday, the court said a defendant “uses” another person’s means of identification “in relation to” a predicate offense when the use is at the crux of what makes the conduct criminal.

The case centered on David Dubin, who was charged with healthcare fraud for overbilling Medicaid for services his psychological examination company provided to a child at an emergency shelter in Texas.

Because Dubin used the patient’s name in submitting the fraudulent bill, he was also charged and convicted ...

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