Felony Identity Theft Case

[student19]

What is the name of your state (only U.S. law)? California

Hi everyone, I am an international student going to a college in U.S with F-1 visa.

Recently, I have been investigated and filed a case relating to identity theft which amounts total to $4,000 and the police says it is a felony. I am still waiting on District Attorney's decision (denial or summon for arraignment).

Here is my case: I was naive enough to believe in one of my acquittance in native country that he could set up a virtual bank account for me to buy things I like but I have to pay him $50 and there will be no harm for any victims (because it is virtual). I agree just out of curiosity and want to test it out. I was careful enough to purchase only e-giftcode or online items that I never bother to use.

However, a few weeks after, police said that I will soon be reviewed by DA for the case I committed. I talked to him and partly admitted my guilt, adding that I wasn't aware that the bank account actually belongs to a real person and some of the purchases I didn't make.


Please note that: I wasn't even using any of those gift codes, I just ordered them out of curiosity. I wasn't aware that the bank account belongs to an actual victim. There were some orders that were claimed to be made from my laptop which I had no idea. Perhaps the guy hacked into my laptop and used it as a prank to put more charges on me? Would the judge believe that? I am a good student and have a clean record with good academic standing.

1. Now if the victim is in Arizona and I am in California, will the DA just drop the case?
2. How badly will it look in your opinion for my future H1 B visa and naturalization process?
3. How long do I have to wait until arraignment and other court dates?
4. I already booked a ticket to travel back home this Summer, how should I change my plan?
5. How much will a bail out cost for my case?

6. My student advisor told me that I will surely be kicked out of school and he is trying my best to help me with the case. Mean while, I am trying to transfer to other schools. Will the new school mind at all about my incident?
7. My advisor and the chief of campus' police believe that my case will get denied or dismissed easily. How close are their assumptions?
8. What is the chance of me getting deported out of this? And can I use it as a plea bargain to reduce my charges so I can maintain my F-1 status?

Thank you so much guys for supporting such a helpful community. This is my only and last mistake I ever committed.

 

[cyjeff]

Hi everyone, I am an international student going to a college in U.S with F-1 visa.

Don't plan on THAT status staying active.

Here is my case: I was naive enough to believe in one of my acquittance in native country that he could set up a virtual bank account for me to buy things I like but I have to pay him $50 and there will be no harm for any victims (because it is virtual). I agree just out of curiosity and want to test it out. I was careful enough to purchase only e-giftcode or online items that I never bother to use.

Okay, that's just crap.

You knew that "virtual bank accounts" were using SOMEONE's money. That someone would be a victim.

Let's not try to snow each other here, okay. You knew you were stealing and got caught.

However, a few weeks after, police said that I will soon be reviewed by DA for the case I committed. I talked to him and partly admitted my guilt, adding that I wasn't aware that the bank account actually belongs to a real person and some of the purchases I didn't make.

So where did you think the money came from? The "virtual bank account" fairy? Did you think it was okay to rip off a bank and/or the people you were buying from but not okay to steal from a person?

All you admitted to was your willingness to rip off an institution rather than a person... which is still against the law.

Please note that: I wasn't even using any of those gift codes, I just ordered them out of curiosity. I wasn't aware that the bank account belongs to an actual victim. There were some orders that were claimed to be made from my laptop which I had no idea. Perhaps the guy hacked into my laptop and used it as a prank to put more charges on me? Would the judge believe that? I am a good student and have a clean record with good academic standing.

We are not going to help you come up with the right lie for the judge... lying in court is considered perjury.... a felony.

Oh, and you WERE a good student with a clean record.

1. Now if the victim is in Arizona and I am in California, will the DA just drop the case?

Quite the opposite... you will now be subject to FEDERAL jurisdiction. I assure you that the FBI is not a forgiving organization.

You enabled an international bank fraud ring.

It doesn't matter who you thought you were stealing from or even how much you stole. You will be seen as an accessory to the full amount.

And you even paid for the privilege.

2. How badly will it look in your opinion for my future H1 B visa and naturalization process?

Very very bad.

3. How long do I have to wait until arraignment and other court dates?

As long as it takes.

4. I already booked a ticket to travel back home this Summer, how should I change my plan?

Until you are charged, don't change a thing. In court, ask the nice judge if you can leave. When he/she stops laughing, you can THEN cancel your ticket.

Because the judge is going to keep your passport.

5. How much will a bail out cost for my case?

That is an excellent question to ask the judge.

6. My student advisor told me that I will surely be kicked out of school and he is trying my best to help me with the case. Mean while, I am trying to transfer to other schools. Will the new school mind at all about my incident?

Of course they will. You keep trying to minimize this... "will they mind at all"...

Yes, you have committed several federal felonies. You are probably going to be jailed.

7. My advisor and the chief of campus' police believe that my case will get denied or dismissed easily. How close are their assumptions?

Very far off. Do not listen to the police as to legal advice. Their job is to enforce the law not to protect you.

You need an attorney... NOW.

8. What is the chance of me getting deported out of this? And can I use it as a plea bargain to reduce my charges so I can maintain my F-1 status?

The only question remaining is how long you will be jailed before deportation.

Thank you so much guys for supporting such a helpful community. This is my only and last mistake I ever committed.

Nice start. You just screwed up your entire future.

 

[JETX]

1. Now if the victim is in Arizona and I am in California, will the DA just drop the case?

No.

How badly will it look in your opinion for my future H1 B visa and naturalization process?

You have NO future.

How long do I have to wait until arraignment and other court dates?

Only until they decide how many charges to file against you.

I already booked a ticket to travel back home this Summer, how should I change my plan?

Hmmm... maybe let the police know that you are planning to flee.

How much will a bail out cost for my case?

No one can guess.

My student advisor told me that I will surely be kicked out of school and he is trying my best to help me with the case. Mean while, I am trying to transfer to other schools. Will the new school mind at all about my incident?

Nah... everyone loves a criminal....

My advisor and the chief of campus' police believe that my case will get denied or dismissed easily. How close are their assumptions?

Depends on what law school they graduated from.

[/quoteWhat is the chance of me getting deported out of this? And can I use it as a plea bargain to reduce my charges so I can maintain my F-1 status?

With any luck and if the system works as it should... you WILL be deported after your sentence is served. F-1 status?? You're still dreaming.

This is my only and last mistake I ever committed.

Mistake?? Yeah, right!!

You're a friggin' idiot.... who finally got caught.

 

[cyjeff]

But, but...

It was a VIRTUAL bank account... so, therefore, the money was left by a mischievous leprechaun in a generous mood.

And, after all, the OP wasn't stealing from a PERSON....so that makes it legal, right?

Oh, and it crosses state lines... that means that it isn't a crime anymore, right? That it will be so much work to dial the other three digits of the area code that the DA will just tell me to never do it again?

But ... I only bought a few things!!!! Sure, I knew it was a fraudulent account and even paid for the privilege of using it, but I figured it was legal because... um... well... I am a moron that apparently had some sort of disabling head trauma.

To the OP... You are the REASON we have immigration law. People that come to this country for the purpose of stealing are not now nor ever welcome.

Bye now.

Oh, and if you flee, don't flee to a country with an extradition treaty... because the DA won't give up there, either.

 

[cyjeff]

The first thing that you need to do is contact the bank.
Open an account and deposit ~ $5K using legit funds.
Explain what happend (they already know but won't tell you that).
Tell them that you want to make full restitution (pay for the loss).
Allow them to use that new account to start to cover their loss.

Contact the DA and tell them what you have done.

OR you can contact your family and inform them that other plans are being made for your stay in the US, so you won't be seeing them in the near future.

Restitution will be a very likely part of any sentence.

However, it must be stated that restitution will NOT erase the crime. It will show good faith... but may not influence the court at all.

 

[StevenJ_420Law]

You should do nothing of the sort, such as start contacting people and explaining things or paying back things.

In fact, your story is hardly even relevant to the prosecution of you and the people you would pay back, if they would even accept it, have nothing to do with your prosecution - so even if its all completely true and 100% provable and you paid it all back, it wouldnt matter.

You could be in serious trouble and obviously need an attorney. Youre thinking about what school you can transfer to when the reality is you could be held to answer to felony charges. You could be remanded, held, convicted, sentenced, finished your sentence, remanded to the feds for deportation hearings, then deported. As a potential of your future. Or you could simply be turned over to the feds, in custody where they could imprison you, try you, convict you, sentence you, then deport you. Counties like to do this because its cheaper.

What exactly are your charges and where does this case stand? It was a cute fluffy story but my ADD kicks in and just cant read it all.

 

[student19]

First of all, I want to thank everyone for replies and once again, I am really sorry for this mistake. All of your replies and comments make me realize even how much more stupid I was.

But please keep in mind that everything I purchased for was just out of curiosity. They are all online e gift codes which I didn't even benefit from a single of them. The police said I would be charged for $4,000 but I clearly remember that my purchases were only within $2,500. I am asking you guys here for only opinions so there would be no reason I would lie.

If I decide to go back to my native country and forfeit the case even before the arraignment was issued, what will happen? I guess it will go on to my Interpol record. So can there be a chance for me to study/immigrate to any other countries like China, Australia, New Zeland or European countries?

I understand that restitution alone is not enough to make up for my mistake. So there is really no other way out for me?

My American dream has just started and everything was looking so good for me until things like this come up. Once again, I deeply apologize to you guys and all the loved ones. I am desperate for a solution right now ..

 

[Just Blue]

They are all online e gift codes which I didn't even benefit from a single of them

.

my purchases were only within $2,500.

You received over 2 THOUSAND dollars worth of merchandise. Why "benefited" if not you??

Please do leave this country. I am sick to death of our home-grown thief's...We don't need anymore "imports".

 

[InsaneJane]

...If I decide to go back to my native country and forfeit the case even before the arraignment was issued, what will happen? I guess it will go on to my Interpol record. So can there be a chance for me to study/immigrate to any other countries like China, Australia, New Zeland or European countries?.....

You will be a fugitive from justice with charges that all of those countries care about. When they find out, they won't let you in, will send you home, or extrodite you back to the US.

Your best shot is to do the right thing before you are brought up on charges. Start by paying the Bank back. Banks never forget when they get burnt, and they do share this info internationally. They don't care if you gave the proceeds to your freinds or spent it on hookers. They just know that you are the one that got caught ripping them off.

As for the authorities, they have the proof to convict. Unless you can turn over some big king pins causing 10 times the amount your case is involved with, then you are going up the river. Your only chance is to prove that you were dupped, paid for your mistake and are willing to do what ever it takes to make things right.

OR you can run, give up you education, hide out for ever, and if caught plan on spending 10's of thousands on legal fees while you wait in some jail some where.

The choice is yours.

 

[student19]

Hi InsaneJane,

I am thanking for your response, yours is the kindest thus far regardless of how serious my crime is.

I wonder if the INTERPOL will jump into this. If I go back home and start over in my native country, would there be a chance for the INTERPOL to catch me in my native country?

However, my utmost decision is to stay here and resolve the problem and take full on consequences.

Do you think it is a good idea to contact the district attorney and ask him about my case if there are anythings I can do to compensate all the victims and reduce charges before actual court is summoned?

 

[Zigner]

Hi InsaneJane,

I am thanking for your response, yours is the kindest thus far regardless of how serious my crime is.

I wonder if the INTERPOL will jump into this. If I go back home and start over in my native country, would there be a chance for the INTERPOL to catch me in my native country?

However, my utmost decision is to stay here and resolve the problem and take full on consequences.

Do you think it is a good idea to contact the district attorney and ask him about my case if there are anythings I can do to compensate all the victims and reduce charges before actual court is summoned?

You need an attorney. Don't talk to anybody else.

 

[InsaneJane]

...I wonder if the INTERPOL will jump into this. If I go back home and start over in my native country, would there be a chance for the INTERPOL to catch me in my native country?

However, my utmost decision is to stay here and resolve the problem and take full on consequences...

What Country are you from?

 

[student19]

I'm from Vietnam. Will INTERPOL pursue for me internationally for alleged $4,000 crime? Vietnam is a member of INTERPOL by the way.

I know it is irrelevant to the fact that I still committed the crime. However, I believe the victim is already compensated by the stores because all of the codes were canceled electronically.

 

[cyjeff]

I'm from Vietnam. Will INTERPOL pursue for me internationally for alleged $4,000 crime? Vietnam is a member of INTERPOL by the way.

I know it is irrelevant to the fact that I still committed the crime. However, I believe the victim is already compensated by the stores because all of the codes were canceled electronically.

Again, the fact that the codes were cancelled doesn't mean you stole them.

Think of it this way. If you are caught outside the bank holding the bag of money and that money is, therefore, immediately returned to the bank, does it make the bank robbery vanish?

No, it doesn't.

You should also be prepared for the DA to pursue you... since you are in their hands and your mysterious "friend" is not.

 

[student19]

Again, the fact that the codes were cancelled doesn't mean you stole them.

Think of it this way. If you are caught outside the bank holding the bag of money and that money is, therefore, immediately returned to the bank, does it make the bank robbery vanish?

No, it doesn't.

You should also be prepared for the DA to pursue you... since you are in their hands and your mysterious "friend" is not.

I understand what you meant and I already took that into account.

Oh, and I have my friend's western union account in Vietnam and his yahoo messenger ID. If I provide that to the DA/judge, will that help me a bit?

Once again, is it a good idea to contact DA/prosecutor, before actual arraignment? I really have no other ways then to beg them.