Identity Theft

Over 200 Stolen Cellular Phone Applications used in Multiple Identity Thefts

Chad Nathaniel Butherus, 27 and Jamie Ann Gregory, 26, both of Nampa, Idaho stole over 200 cellular applications from Wireless FX in Ontario, Oregon, which contained the names, dates of birth, and social security numbers of Wireless FX customers. Butherus and Gregory then used the customer information from the applications to create over 50 fraudulent identification cards, designed to resemble officially issued identification cards from North Dakota and Delaware. The fraudulent identification cards contained the personal information of victims but showed a photograph of either Butherus or Gregory.

Butherus and Gregory used these fraudulent identification cards at numerous stores throughout the Treasure Valley to purchase goods using the victims' credit. They also obtained credit cards in victims' names for the purchase of additional goods. The $22,471 in restitution is re-payment for these fraudulent transactions. Gregory and Butherus were motivated, in part, to obtain money for drugs.

Butherus was sentenced in federal court on Monday for identity theft, by possession with intent to unlawfully use false identification documents, and aggravated identity theft. Butherus was sentenced to 50 months in federal prison, followed by three years supervised release. His federal sentence will run consecutively to his term of imprisonment on state court offenses. Butherus had escaped from state prison at the time he committed the federal crimes and will have to complete his state prison sentence for escape and other previously committed crimes prior to beginning to serve his federal time. Butherus is eligible for parole from state prison in 2011 and will complete his sentence in 2019, if not paroled. Butherus agreed to forfeiture of the proceeds of his crimes and property used during the crimes. Butherus was also ordered, with co-defendant Jamie Gregory, to pay $22,471 in restitution.

Gregory was sentenced to six months imprisonment and three years supervised release for one count of identity theft. Gregory admitted and pled guilty to the charge in July 2008.

The federal identity theft statute under which Butherus and Gregory were sentenced prohibits a wide variety of identity document fraud conduct, including the possession, with intent to use unlawfully, of five or more false identification documents and also including the possession of document making implements, such as cameras or computers, with the intent to make false documents. The federal aggravated identity theft statute, under which Butherus was also sentenced, prohibits the knowing use of the means of identification of another person, such as a name or numeric identifier, in the commission of an underlying felony, such as mail fraud, immigration fraud or basic identity theft.

References

United States Attorney's Office, District of Idaho, "Two Sentenced for Identity Theft", December 17, 2008, News Release

 
     
     
 
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