United States v. James Treacy
677 F. App'x 869
| 4th Cir. | 2017Background
- Treacy used his deceased ex-wife K.G.’s name and Social Security number to obtain SSA survivors’ benefits beginning in 2006 and received over $109,000 before benefits were suspended in 2011.
- Indictment (filed Aug. 1, 2013) charged concealment (Count 1), theft of government money (Count 2), two counts of aggravated identity theft under 18 U.S.C. § 1028A (Counts 3 and 5), and social security fraud (Count 4).
- Counts 3 and 5 alleged aggravated identity theft “[b]etween on or about January 23, 2006, and on or about November 17, 2011.” The applicable limitations period is five years.
- Pretrial, Treacy moved to dismiss Counts 3 and 5 as time-barred, arguing aggravated identity theft is not a continuing offense and that he used K.G.’s SSN only in January 2006.
- The district court denied dismissal, concluding the § 1028A charges were continuing offenses tied to continuing predicate felonies; at trial the government produced evidence (including SSA letters and an SSA witness) showing Treacy contacted SSA and used K.G.’s SSN in 2010–2011.
- A jury convicted Treacy on Counts 2–5; on appeal he renewed the statute-of-limitations/continuing-offense challenge to Counts 3 and 5.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether aggravated identity theft under § 1028A is a continuing offense for statute-of-limitations purposes | U.S.: The indictment alleges repeated/continuing use of the SSN through 2011, so charges are timely | Treacy: § 1028A is not continuing; he used the SSN only once in Jan 2006 so prosecution is time-barred | Affirmed convictions on alternative grounds: indictment alleged timely conduct and trial evidence showed use in 2010–2011, so limitations defense fails |
| Whether pretrial dismissal was proper when defendant’s factual assertions contradicted indictment allegations | U.S.: Pretrial dismissal should be denied where indictment alleges conduct within limitations | Treacy: Motion to dismiss should be granted based on his asserted single 2006 use | Denial affirmed: defendant cannot rely on his own factual version to defeat indictment; indictment allegations control pretrial unless government concedes facts |
| Whether district court could consider government-supplied documents when ruling pretrial | U.S.: Court may consider proffered evidence or documents after hearing | Treacy: Such factual inquiry improperly resolves issues for trial | Court found at least some submitted SSA documents corroborated indictment and supported denial; trial evidence further confirmed use within limitations |
| Whether trial evidence independently defeats statute-of-limitations claim | U.S.: Trial evidence (SSA witness, letters) shows Treacy used SSN in 2010–2011 | Treacy: Disputed government evidence and asserted limited 2006 act | Held: Trial evidence established post-2006 use, providing independent basis to affirm convictions |
Key Cases Cited
- United States v. Engle, 676 F.3d 405 (4th Cir.) (pretrial dismissal limited to indictment allegations; court may look beyond only when government does not dispute facts)
- United States v. Abdelshafi, 592 F.3d 602 (4th Cir.) (elements of § 1028A(a)(1) explained)
- United States v. Stewart, 744 F.3d 17 (1st Cir.) (motion to dismiss ordinarily should not test factual sufficiency pretrial)
- United States v. Han, 74 F.3d 537 (4th Cir.) (appellate consideration of trial evidence when reviewing pretrial rulings)
- United States v. Perry, 757 F.3d 166 (4th Cir.) (discussion of continuing-offense concept for statute of limitations)