House votes to increase identity theft statute of limitations

For identity theft victims, it can take years to find out you’ve been targeted. By the time someone reports the criminal activity and a case is put together, the time to charge a perpetrator has expired.

Sponsored by Rep. Nick Zerwas (R-Elk River), HF3482 would increase the statute of limitations for identity theft crimes from three years to five, if the illegal activity involves eight or more direct victims or a combined loss to all victims of at least $35,000.

Rep. Nick Zerwas

Passed 127-0 by the House, the bill now goes to the Senate where Sen. Warren Limmer (R-Maple Grove) is the sponsor.

Supporters say the change would probably affect only a handful of cases, but the impact on victims can be profound and permanent.

Michael St. Nicholas of Minnetonka told the House Public Safety and Crime Prevention Policy and Finance Committee March 29 how the boyfriend of his “extreme bipolar” sister ultimately pillaged more than $300,000 of their parent’s money and put their home into foreclosure.

The perpetrator could not be prosecuted for identity theft because most actions took place in 2008, five years before they were discovered. He could only be charged with theft by swindle, which does have a five-year statute of limitations.

Assistant Hennepin County Attorney Susan Crumb told the committee that identity theft punishment can include prison time; theft by swindle carries a probationary sentence.