San Marcos Record, San Marcos, TX

November 25, 2009

ID theft garners first degree felony charge

Illicit paper trail could be costly; 30-year-old man faces possibility of life in prison

From staff reports

San Marcos — A 30-year-old former San Antonio resident indicted for identity theft faces the possibility of life in prison.

That’s because Gustavo Vargas Jr., who was arrested in October, had in his possession more than 50 items of “identifying information,” meaning his offense was a first degree felony, according to Assistant District Attorney Fred Weber.

The Texas Legislature earlier this year upped the penalty for identity theft, Weber said.

He said Vargas, who had been working for a San Marcos apartment complex prior to his arrest, had 88 personal checks, 15 money orders and 25 credit card authorization forms linked to “multiple” victims.

“It’s new, but we have had a few come through,” Weber said of cases tried under the stiffer penalties.

The punishment range for a first degree felony is five to 99 years, behind bars, or life.

Offenders who have more than 10 but less than 50 identifying items face second degree felony charges; those with five or more but less than 10, third degree felony charges and less than five, state jail felony charges.