Forging of clients' signatures on immigration petitions without the knowledge of the clients constitutes sufficient unauthorized use of their personal information under the aggravated identity theft statute.
Material falsity of the filing is sufficiently independent from the use of the forged signature to justify the independent sentencing increase.
Sufficient evidence for the relevant hundred-document threshold by a preponderance where it was established that 100 basically identical petitions of factual clams were filed.
CONCURRENCE:
While lawful, the indictment's additional charge of identity theft was possibly an unfair use of prosecutorial discretion.
Joseph Watley, Karin Hasemann v. Department of Children and Families