In the identity-theft prosecution of a real estate developer named David Miller, prosecutors don’t contend he used any of the usual trademarks of that crime: that he used some device to steal credit card numbers; filed any federal tax returns in the names of dead people; faked drivers’ licenses to cash fraudulent checks.

They charged Miller with aggravated identity theft for his role in defrauding a bank on a personal loan. The crime? Telling the bank that a small group of investors had agreed to use a piece of property as collateral. On a bank document, Miller listed the names of the other investors. Prosecutors said he lacked permission to use their names.

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