Identity Theft Using Biometric Data Prosecutions
Overview
Biometric identity theft involves stealing or misusing unique physical identifiers—such as fingerprints, facial recognition data, retina scans, or voiceprints—to commit fraud. In the U.S., prosecutions rely on:
18 U.S.C. § 1028 – Identity Theft and Fraud: Criminalizes knowingly producing, using, or possessing fraudulent identification documents, including biometric identifiers.
Computer Fraud and Abuse Act (CFAA, 18 U.S.C. § 1030): Addresses unauthorized access to computers or systems to steal biometric data.
State-level Biometric Privacy Laws: Illinois (BIPA), Texas, and California have laws restricting collection and use of biometric data.
Wire and Mail Fraud Statutes: Often applied when biometric data is used to commit fraud across state or federal lines.
Penalties can include imprisonment, fines, and restitution.
Case 1: David R. Smith / Fingerprint Spoofing (2015)
Summary: Smith used fake fingerprints to bypass biometric security on mobile devices and steal banking credentials from multiple victims.
Charges: Identity theft under 18 U.S.C. § 1028A, wire fraud, and unauthorized access under CFAA.
Outcome: Convicted and sentenced to 5 years in federal prison with restitution of $250,000 to victims.
Significance: One of the first U.S. cases targeting digital fingerprint spoofing for financial theft.
Case 2: Ahmed Khan / Facial Recognition Fraud (2018)
Summary: Khan used 3D-printed masks and facial recognition bypass technology to access corporate accounts and steal funds.
Charges: Identity theft using biometric data, wire fraud, and conspiracy.
Outcome: Khan sentenced to 7 years in federal prison, along with fines and forfeiture of equipment used in the crime.
Significance: Demonstrated federal enforcement against sophisticated facial recognition-based identity theft.
Case 3: Biometric Data Theft in Healthcare Sector (2019)
Summary: A hospital IT contractor accessed patient records and copied fingerprints and retina scan data to create fraudulent insurance claims.
Charges: Health care fraud, identity theft, and CFAA violations.
Outcome: Contractor sentenced to 6 years and ordered to pay over $1 million in restitution to affected patients.
Significance: Highlighted vulnerabilities in healthcare biometric systems and the intersection of health fraud and biometric identity theft.
Case 4: Instagram/Biometric Data Misuse (2020)
Summary: Defendant created a phishing scheme targeting social media users, stealing facial recognition login data and then impersonating victims for financial gain.
Charges: Wire fraud, identity theft under § 1028A, and unauthorized access under CFAA.
Outcome: Convicted in federal court; prison sentence of 4 years, plus restitution of approximately $300,000.
Significance: Showed that biometric theft isn’t limited to banking—social media accounts and digital platforms are also at risk.
Case 5: Multi-State Fingerprint Database Breach (2021)
Summary: Hackers breached state government databases storing fingerprints for criminal and civil records and sold the data on dark web markets.
Charges: CFAA violations, wire fraud, and identity theft under § 1028.
Outcome: Three defendants sentenced to 5–8 years in prison each; multi-million-dollar fines imposed.
Significance: Highlighted that large-scale biometric database breaches constitute federal crimes with severe penalties.
Case 6: Voiceprint Fraud in Banking Sector (2022)
Summary: Fraudsters used stolen voiceprints to bypass phone banking authentication and steal funds from multiple accounts.
Charges: Wire fraud, identity theft using biometric identifiers, and conspiracy.
Outcome: Convicted; defendants received 3–6 years in prison and were ordered to repay victims.
Significance: Demonstrated that even non-physical biometrics like voiceprints are protected under federal identity theft laws.
Key Takeaways from Biometric Identity Theft Prosecutions in the USA
Broad Legal Coverage: Federal laws like 18 U.S.C. § 1028 and CFAA cover both digital and physical biometric fraud.
Multiple Biometric Vectors: Fingerprints, facial recognition, retina scans, and voiceprints have all been targeted.
Severe Penalties: Convictions often lead to 4–8 years in federal prison, fines, and mandatory restitution.
Healthcare and Financial Sectors Are High-Risk: Attackers often exploit biometric systems in banks and hospitals.
Preventive Measures: Cases emphasize the need for encryption, multi-factor authentication, and secure storage of biometric data.
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