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Aggravated Identity Theft: Open Issues After 'Dubin'

This article discusses three open issues following Dubin v. United States: How appellate courts have been interpreting the “at the crux” language; an emerging circuit split as to whether district courts must specifically instruct juries on the “at the crux” test; and questions not answered in Dubin that will be subject to further development.

10 minute read June 01, 2026 at 12:09 AM
By
Elkan Abramowitz and Jonathan Sack
Aggravated Identity Theft: Open Issues After 'Dubin'

Defendants convicted of fraud and other white-collar offenses face a longer sentence if they are also convicted of “aggravated identity theft” under 18 U.S.C. §1028A(a)(1).

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