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J.Hazelbaker
J.Hazelbaker, Lawyer
Category: Criminal Law
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Experience:  Extensive training and experience in criminal law matters, both prosecuting and defending.
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if you hack into someones back account online and transfer

Resolved Question:

if you hack into someone's back account online and transfer funds from their account into your own account (identity theft), can the authorities investigating this unauthorized have the right to request the personal information of the account owner whose account the funds have been transferred into (name, SSN, etc)? Because obviously without that information the only thing they would have is some anonymous account number. Do the authorities have that right or is that information guarantee certain protections?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  J.Hazelbaker replied 4 years ago.
The certainly have the right and the power to force either the individual or the bank to disclose that information through the issuance of warrants and/or subpoenas.

Please let me know, if you have follow-up questions.
Customer: replied 4 years ago.
Now, if the funds that were fraudulently transferred into an account were then transferred into a third account - not unauthorized- would the authorities investigate the ownership of that third account?
Expert:  J.Hazelbaker replied 4 years ago.
Whether or not they would investigate depends entirely on the circumstances and whether they believe that the further transfer enhances the original crime or constitutes an additional crime. If they determined that it was useful, then it is certainly within their power to investigate the third account.

They would need new warrants and subpoenas in order to expand the investigation, however.

Edited by J.Hazelbaker on 3/6/2010 at 6:10 PM EST
Customer: replied 4 years ago.
does that investigation mean that they can warrant the identity of the account owner. There is no proof that it is an authorized transaction.
Expert:  J.Hazelbaker replied 4 years ago.
Yes. As long as they can show probable cause. That is, that they have sufficient objective information to believe that the warrant will result in the discovery of evidence related to a crime.

If, as you say, the third transaction was legitimate and did not involve the original transgressor, but was, instead in good faith, then there might not be probably cause. But, if the authorities can demonstrate some objective facts that indicate that an investigation into the third account will lead to information relevant to their overall investigation, then it is possible they could get a warrant.
J.Hazelbaker, Lawyer
Category: Criminal Law
Satisfied Customers: 4385
Experience: Extensive training and experience in criminal law matters, both prosecuting and defending.
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