Aggravated Identity Theft—Three Years After 'Dubin v. United States'

May 7, 2026  |  New York Law Journal

In white-collar cases, defendants convicted of fraud offenses face longer sentences if they are also convicted of aggravated identity theft under 18 U.S.C. § 1028A(a)(1). In their latest NYLJ article, “Aggravated Identity Theft—Three Years After Dubin v. United States,” Morvillo Abramowitz Grand Iason & Anello partners Elkan Abramowitz and Jonathan Sack examine issues that were left open by the Supreme Court’s decision in Dubin v. United States, 599 U.S. 110 (2023), which held that “use” of another person’s means of identification constitutes aggravated identity theft only when that use is “at the crux” of what makes the conduct criminal. The authors analyze how appellate courts have interpreted the “at the crux” language and other issues playing out in lower courts.  

Aggravated Identity Theft—Three Years After 'Dubin v. United States'