|Organization:||Massachusetts Supreme Judicial Court|
Commonwealth v. Escobar
Supreme Judicial Court, March 29, 2018
The phrase "anything of value," as it appears in the identity fraud statute, G.L. c. 266, § 37E, does not include avoiding criminal prosecution.
In this case, the defendant provided a false name to a police officer during a traffic stop. Years after pleading to the crime of identity fraud, the defendant filed a motion to withdraw her guilty plea, arguing that avoiding criminal prosecution was insufficient to prove that she gained ‘anything of value’ under the statute. The Court agreed and reversed the order of the Boston Municipal Court judge denying the defendant's motion to withdraw her guilty plea.