U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

Identify Theft Caught on Tape

Where to begin the criminal story of Candice A. Davis...

She said it should have begun in 2015, when an investigator first testified about working on her case. The prosecutor, however, said the investigator had evidence against Davis from earlier reports.

In United States of America v. Davis, the U.S. Eighth Circuit Court of Appeals said the investigator's testimony was enough to start the record in 2013. That's when the video started recording.

Identity Theft

Reviewing convictions for aggravated identity theft and other charges, the appeals court recited Davis' criminal activities between 2013 and 2015. Over that time, she and an accomplice recruited more than 50 people to open checking accounts and used them to make more than 270 fraudulent transactions.

Together, the defendants made more than $79,000 in fraudulent purchases. Stacey Wilson, her accomplice, pleaded guilty and was sentenced to nearly seven years in prison. Davis, who also plead guilty, was sentenced to 76 months.

However, she appealed her sentence on several grounds. Among others, she objected to evidence from an investigator who didn't work on her case until 2015.

The Eighth Circuit was not persuaded, however. The judges said the investigator had ample evidence of Davis' earlier criminal activity.

Caught On Camera

Agent Anne Kriedt, a postal inspector, was questioned about her involvement in the case. She said there was evidence against Davis between 2013 and 2014.

Question: "Could you please tell the Court about that?"

Answer: "Candice Davis is seen at an ATM drive-up at a US Bank depositing a check on a closed account, and she's in her vehicle that was used back in 2013."

Affirming the sentence, the appellate panel cited United States v. Replogle, saying a court may consider any information with "sufficient indicia of reliability" to support its probable accuracy.

Related Resources: