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Drivers License Fraud / Identity Theft

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clockwork385

Junior Member
What is the name of your state? Nebraska

When I was 20 I used a relatives information got a state issued driver’s license issued by the Nebraska DMV. I only used it to get into local bars and casinos. When my family member recently tried to renew their driver’s license the DMV had my digital picture. For my relative to get his license renewed they must fill out an “Identity Theft Complaint” at the DMV. The statute of limitation on fraud is 4 years in NE and this means I’m past that threshold as this happened a little over 4 years ago. I’m curious if this would be classified as fraud and does the fraud statute of limitations apply to a case like this?


Within the “Identity Theft Complaint” there are the following questions:

(14) If I know the person who had used my identification, I am willing to assist in the prosecution (circle one). Yes No

(15) I will authorize the release of this information to law enforcement for the purpose of assisting them in the investigation and prosecution of the person(s) who committed this fraud (circle one). Yes No



This family member doesn’t want to prosecute at all, and in fact gave me their information to do it in the first place. The license was never used for personal gain or to access financial accounts or documents. They know this and want to get their license renewed and are trying to jump through the hoops. So I’m basically asking the following:

1. Is this classified as fraud?
2. What could the possible penalties be?
3. Does the NE fraud statue of limitations apply here?
4. Does the victim have to be willing to participate for the prosecution to go forward?
5. What’s the likelihood that they will decide to prosecute?

Thanks
 


racer72

Senior Member
1. Is this classified as fraud?
Yes. There may be other charges, Identification theft comes to mind.

2. What could the possible penalties be?
Fines, jail.

3. Does the NE fraud statue of limitations apply here?
Yep but you have the timeline wrong. The SOL clock start when the crime was discovered, not committed. The clock just started.

4. Does the victim have to be willing to participate for the prosecution to go forward?
Not really. With todays hightened security, especially when it comes to personal identification, the prosecutor's office may have no choice but to press charges.

5. What’s the likelihood that they will decide to prosecute?
The Free Advice crystal ball is out for repairs.
 

clockwork385

Junior Member
statute of limitation

The statute of limitations begins when the crime was discovered by whom? The victim (my relative) or the DMV. Because my relative had known for over 4 years.
 

racer72

Senior Member
The statute of limitations begins when the crime was discovered by whom? The victim (my relative) or the DMV. Because my relative had known for over 4 years.
The SOL starts when those that can take action (the DMV, police, prosecutor's office) are made aware of the crime.
 

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