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Government Overreached in Identity Theft Case, Supreme Court Rules Unanimously


The Supreme Court limited the reach of the federal Identity Theft Penalty Enhancement Act, unanimously rebuffing the Biden administration’s efforts to prosecute a man already convicted of Medicaid fraud with a separate charge of aggravated identity theft arising out of the same fraud case.

The 9–0 opinion (pdf) in Dubin v. United States (court file 22-10) was issued on June 8 and authored by Justice Sonia Sotomayor. Justice Neil Gorsuch filed a separate concurring opinion.

The Identity Theft Penalty Enhancement Act mandates a two-year prison sentence for violations.

When then-President George W. Bush signed the law in 2004 he said it established the federal “offense of aggravated identity theft” to ensure someone convicted of that crime would receive jail time “for stealing a person’s good name.”


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