18 U.S.C. § 1028A: The Mandatory 2-Year Consecutive Sentence, Oil Field Payroll Fraud, Agricultural Labor SSN Schemes, and the Flores-Figueroa Defense at 501 I Street
One charge. Two years. Mandatory. Consecutive. No exceptions. This is the essential reality of 18 U.S.C. § 1028A aggravated identity theft. The statute adds an automatic 2-year sentence on top of any other federal conviction involving the use of another person's identity. Eastern District Sacramento judges cannot reduce it, cooperation credit does not apply, and no mitigating factor can shrink it. Once a § 1028A count results in conviction, those 2 years are locked in.
In Bakersfield, § 1028A charges arise in contexts shaped by Kern County's distinctive economy. Oil field service companies where employee or contractor Social Security numbers are fraudulently used to redirect payroll deposits or create phantom worker records generate § 1028A charges alongside underlying wire fraud counts. Agricultural labor contractors who use real SSNs to inflate worker counts in government agricultural program submissions face similar stacking consequences. And tax identity theft where real Kern County residents' SSNs are used to file fraudulent federal returns is prosecuted by IRS Criminal Investigation in coordination with HSI and the Eastern District U.S. Attorney at 501 I Street.
The Bulldog Law defends § 1028A cases throughout Kern County and the Eastern District. For more on the consecutive sentence structure, Flores-Figueroa, and pre-indictment intervention, visit The Bulldog Law criminal defense blog.
How 18 U.S.C. § 1028A Works Three Elements and Three Defense Opportunities
Element 1: Means of Identification of a Real Person
The identification must belong to a real, actual other person. Under Flores-Figueroa v. United States (2009), using a completely fictional identity does not satisfy this element. In Kern County oil field payroll and agricultural program fraud cases, many defendants used identification numbers obtained from third parties or databases without knowing whether the numbers belonged to real living people.
Element 2: Knowing Use Without Lawful Authority
The government must prove the defendant knowingly used the identification and under Flores-Figueroa knew it belonged to a real person. This is the most powerful defense tool in Eastern District cases where defendants obtained identification through brokers without knowing whether underlying numbers were real or fabricated.
Element 3: During and In Relation to a Listed Predicate Felony
- Wire fraud (18 U.S.C. § 1343) most common in Kern County oil field and agricultural contractor fraud cases
- Tax fraud (26 U.S.C. § 7201) IRS CI cases
- Social Security fraud (42 U.S.C. § 408) agricultural benefit fraud cases
- Access device fraud (18 U.S.C. § 1029) payment credential fraud
THE STACKING PROBLEM: The 2-year § 1028A sentence runs consecutively to everything else. Multiple counts each add another mandatory 2 years. Eliminating the § 1028A count before conviction is the highest-priority defense objective in every Kern County case where it is charged.
Identity Theft in Bakersfield's Oil Field and Agricultural Environment
Oil Field Payroll and Contractor Fraud
Kern County's massive oil production sector employs thousands of workers and contractors through complex payroll and billing systems. When employees or contractors fraudulently use colleagues' Social Security numbers to redirect payroll deposits, claim unauthorized benefits, or create phantom worker records in oil field payroll systems, the resulting § 1028A charge adds mandatory consecutive time on top of the underlying fraud. We build Flores-Figueroa defenses through evidence of how identification information was obtained and what the defendant knew about its source.
Agricultural Labor Contractor SSN Schemes
Kern County's agricultural labor contracting industry generates identity theft prosecutions when contractors use real SSNs to inflate worker counts in government agricultural program submissions or to bill growers for phantom workers. Each submission using a different real person's SSN is a potential separate § 1028A count. We challenge the knowledge element regarding whether the defendant knew the SSNs belonged to real living people.
Tax Refund Fraud in Kern County
IRS Criminal Investigation's operations in the Central Valley include Kern County tax identity theft cases where real residents' SSNs are used to file fraudulent federal tax returns. Each fraudulent return using a different victim's SSN is a potential separate § 1028A count with mandatory consecutive stacking. We challenge identification evidence and the Flores-Figueroa knowledge element in every IRS CI Kern County case.
Farmworker SSN Use and Unauthorized Employment
Kern County's large undocumented agricultural workforce sometimes uses another person's real SSN for employment authorization. When an unauthorized worker uses a real person's SSN for employment, federal prosecutors can charge § 1028A alongside Social Security fraud. The Flores-Figueroa knowledge defense whether the defendant knew the number belonged to a real person is directly applicable in many of these Kern County agricultural employment cases.
Where Identity Theft Cases Are Prosecuted from Bakersfield
U.S. District Court Eastern District of California, Sacramento Division
501 I Street, Sacramento, CA 95814
U.S. Attorney's Office: 501 I Street, Suite 10-100, Sacramento, CA 95814
The Bulldog Law appears regularly at 501 I Street and knows the prosecution teams who handle Kern County identity theft cases in the Eastern District's Sacramento Division.
Defense Strategies for § 1028A in Eastern District Kern County Cases
Flores-Figueroa Knowledge Defense
The government must prove the defendant knew the means of identification belonged to a real, actual other person. In Kern County oil field and agricultural cases where SSNs were accessed from databases or provided by third parties without knowing whether they were real, this knowledge requirement creates genuine defense opportunities.
Attacking the Predicate Felony
Defeating the underlying predicate offense the wire fraud or Social Security fraud eliminates the § 1028A charge. If we successfully challenge the predicate count, the consecutive sentence falls with it.
Plea Negotiation Eliminating the § 1028A Count
Because the mandatory consecutive sentence is non-negotiable after conviction, eliminating the § 1028A count in exchange for a plea to the underlying offense is the critical negotiation objective. We pursue dismissal of the § 1028A count in every negotiation where it is achievable at 501 I Street.
Facing Federal Identity Theft in Kern County? Act Immediately
- Do not speak to IRS CI, HSI, or other federal agents without retaining federal defense counsel. Invoke your right to silence.
- Do not destroy any records related to how identification information was obtained.
- Document everything you know about how you obtained the SSN at issue who provided it and what you were told about it.
- If you received a target letter from the Eastern District at 501 I Street or a grand jury subpoena, contact The Bulldog Law immediately.
- Call The Bulldog Law at (888) 928-1609. The mandatory consecutive structure of § 1028A makes early federal defense the most important investment in your case.
Federal Identity Theft Defense Across Kern County
Arvin: South County agricultural community clients in Arvin can reach The Bulldog Law through our Arvin office page.
McFarland: Clients in McFarland and surrounding communities can contact us through our McFarland office page.
Wasco: Northern agricultural corridor clients in Wasco can reach us through our Wasco office page.
We also serve clients in California City, Delano, Kern County, Maricopa, Ridgecrest, Shafter, Taft, Tehachapi, and all Kern County communities facing federal charges.
To speak with a Bakersfield federal identity theft defense attorney, visit our Bakersfield criminal law office or call (888) 928-1609.
Frequently Asked Questions: 18 U.S.C. § 1028A in Bakersfield
Why does the 2-year § 1028A sentence matter so much in Kern County cases?
Because it stacks consecutively on top of everything else without exception. If a defendant is convicted of wire fraud and sentenced to 2 years at 501 I Street, and also convicted of § 1028A, they serve the 2 years plus a mandatory consecutive 2 years regardless of any mitigating factor. Multiple § 1028A counts each add another mandatory 2 years. Eliminating the § 1028A count before conviction is the single highest-priority defense objective in every Kern County case where it is charged.
What did Flores-Figueroa decide and why does it matter for Kern County cases?
In Flores-Figueroa v. United States (2009), the Supreme Court held that § 1028A requires the government to prove the defendant knew the means of identification belonged to a real, actual other person. In Kern County oil field and agricultural cases where SSNs were obtained from databases or third parties without knowing whether the underlying numbers belonged to real living people, this knowledge requirement creates a genuine defense opportunity that we pursue in every applicable case.
What happens when an agricultural worker uses a borrowed SSN for employment in Kern County?
When an unauthorized worker uses a real person's SSN for employment authorization, federal prosecutors can charge § 1028A alongside Social Security fraud. The Flores-Figueroa knowledge defense whether the defendant knew the number belonged to a specific real person is directly applicable. Many Kern County agricultural workers who used borrowed identification genuinely did not know whether the numbers belonged to real people or were fabricated numbers provided by a third party.
Learn More About Federal Identity Theft Defense in Bakersfield
For coverage of the consecutive sentence structure, Flores-Figueroa, oil field payroll fraud defense, and pre-indictment intervention in Eastern District Kern County identity theft cases, visit The Bulldog Law criminal defense blog.